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2020-06-29 SB Packet - Released
SELECT BOARD MEETING Monday, June 29, 2020 Conducted by Remote Participation* 7:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update 7:10pm . Discuss Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives 2. Grant of Location for Verizon Pole:Lincoln Street- Revised Petition 7:15pm 3. Presentation to the Chinese American Association of Lexington (CAAL) and the 7:25pm Chinese Americans of Lexington(CALex) - Thank You for Donations 4. Voluntary Water Use Restrictions 7:30pm 5. Approve the Creation of 20mph Safety Zone in the Area of Lexington Center 7:35pm 6. Presentation on Shared Streets and Spaces Grant 7:45pm 7. Update on Age-Friendly Needs Assessment Results & Recommendations 7:55pm 8. Determination of Tree Hearing-497 Concord Avenue 8:25pm 9. Fiscal Year 2020 Year-End Budget Adjustments 8:40pm 10. LexMedia Contract Renewal 8:50pm 11. Review Request for Donor Plaque- Lexington Visitors Center 9:05pm 12. Update on Next Steps for Social Racial Equity Initiatives 9:15pm 13. Approve Collective Bargaining Agreement- DPW Union 9:30pm 14. Application: Common Victualler License- Lex Donuts LLC d/b/a Dunkin Donuts, 9:35pm 373 Waltham Street 15. Select Board Committee Appointment 9:40pm 16. Select Board Meeting Minutes 9:45pm ADJOURN 1. Anticipated Adjournment 9:55pm *as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-meeting- law-ord er-march-12-2020/download Members of the public can view the meeting webinar from their computer or tablet by clicking on the following link at the time of the meeting:https.Ilzoom.us/j/98672998663 Or Whone one-tap:+19294362866„98672998663# or+13017158592„98672998663# Or Telephone:+1 929 436 2866 or+1 301 715 8592 Webinar ID: 986 7299 8663 The next regularly scheduled Select Board meeting will be held by remote participation on Monday, July 13, 2020 at 7:00pm. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and ILJ (dll subject to change. Recorded by LeNedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: COVID-19 Update PRESENTER: ITEM NUMBER: Kelly Axtell, Deputy Town Manager I.1 SUMMARY: Attached please find the weekly report, while we continue to be cautious, the total active case load in Lexington is down to 4 and we will begin planning the date that town office staff begin to return to work and when we will re-open to the public (see attached). SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 7:10pm ATTACHMENTS: Description Type NVecAdy➢e.poiid Uwcr PVenno COVID-19 UPDATE 6/26/20 Updated public Health Information (as of 6/25/20): • 321 Confirmed (cumulative) Cases in Town of which 4 are active cases. Please note there are two days on the attached table that show declines in the total number of cases in Lexington,these are likely due to individuals being reclassified in the MAVEN database. Town/School/Community: • All Town Departments have partially returned to work with staff working in the offices 25%of the time and 75%working remotely. With total cases down significantly,we will be assessing the impact of the current re-openings of various public facilities, restaurants, retail, etc. and in the first half of July will begin planning for staff to return to work on a full-time regular basis (following the recommended protocols of MDPH and the Industrial Hygienist). Our plan has been to have employees in the building for two weeks before re-opening to the public, which we will continue to pursue. • We continue to have a regular, conference call every Wednesday morning at 8 AM with the Senior Management Team and Health Officials to review the change in the number of local cases and discuss actions the Town is taking and to discuss any issues or concerns of various departments. • The following establishments have been approved for outdoor dining with alcohol service: o II Casale o Via Lago o Ixtapa o Marios I� O N O N rl r N � rl M N W r- h N N N �Il rl O] h tD lfl W M N I� tD V1 7 O ti H H O O O O o rI rI O rI O rI N 0 0 0 0 0 0 O o 0 0 0 0 0 0 o O M O 0 0 0 o O h M 0 0 Vl N M W vl O O O r T ci W W iD O N O o O 4f1 M In cy c-I c-I N N N c-I c-I c-I rl cy c-I M N C c-I o a o a p p@ n ri D1 m N cl m M O of r+ ci o7 L N N ul W n 1p LqLq a a m M m m m a 7 a a V1 Vf VI m m m a a M c @ w m m c V � V o 0 0 0 0 o rl N N M M m m ✓1 n W m w N o o 0 41 0 O V 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L�- 0 ai tA ro u 73 ai 0 0 Ln C) U) Town of Lexington os MCI �T75 ca Land Use,Health and Development Department Office of Public Health 1625 Massachusetts Avenue <a,IN; Lexington,MA 02420 (781)-698-4533 Fax(781)-861-2780 Kari Sasportas,MSW,MPH,REHS/RS Board of Health Health Director x 84503 Wendy Heiger-Bernays, PhD,Chair Burt M.Perlmutter,M.D. David Neylon,RN,MPH,REHS/RS David S. Geller,M.D. Public Health Nurse x 84509 John J.Flynn,J.D. Susan Wolf-Fordham,J.D.,M.P.A. Casey Mellin,REHS/RS,CHO Health Agent x 84507 COVID-19 Lexington Office of Public Health Situation Report Week of 6/22/20 To: Jim Malloy, Town Manager From: Kari Sasportas, Health Director Date: 6/24/20 Current snapshot (data from 3/7/20 to 6/24/20) 0 321* total confirmed Lexington cases as of 6/24/20 *Note—an address misclassification error in the MAVEN surveillance system last week resulted in an artificially higher count of Lexington cases (322 vs. 321). The error is now corrected and accounts for the lower case number this week. There have been no new confirmed cases in Lexington in 5 dam • 49 additional probable* Lexington cases as of 6/24/20 • 4 confirmed cases have not cleared isolation (recovered) at this time (i.e., there are only 4 active confirmed cases in Lexington this week). • Approximately 50% of all cases and approximately 95% of suspect COVID-related deaths are associated with residents in long term care/assisted living • No change in COVID-19 related fatalities since last week. • Total number of Lexington residents tested= 2579* individuals as of 6/24/20 (up from 2338 last week). *Note, this is a count of total people, not total tests; one person may have multiple tests. • Percent of individuals tested that were positive as of 6/24/20 = 12.45% (down from 13.77% last week). Additional Updates 0 Contact Tracing Collaborative (CTC) continues to assist public health staff with follow up of confirmed cases of COVID-19 as needed. • 3 Lexington Public School (LPS)nurses are continuing to assist with case follow-up through the summer. • Public health staff communicated this week with MDPH, healthcare providers, and surrounding municipalities with regard to the updated recommended public health follow up for serology testing. Lexiniton Confirmed Cases by Gender (3/7/20* to 6/24/20) *note—date of Lexington's first confirmed case; cumulative case count Gender #Cases Percent Unknown 30 9% Female 183 57% Male 108 34% Total 321 100% Percentage of Lexilington C"on-firinied Cava lby Gender* *[Data firorn 3/7/20...6/24/20 /j Total Cases=321 2 Lexington Confirmed Case Distribution by Age in 10-Year Increments (3/7/20 to 6/24/20) Age Range #Cases (cumulative count) 0-10 1 10-20 18 20-30 10 30-40 13 40-50 38 50-60 45 60-70 39 70-80 61 80-90 65 90-100 29 100-110 2 Tota 1 321 ° o • o o s .r m rr j o000 i C 3 Lexinuton Confirmed Cases by Reported Race/Ethnicity(3/7/20 to 6/24/20) Race/Ethnicity #Cases (cumulative count) American Indian Alaskan Native 1 Asian 17 Black/African American 20 Other 38 Unknown 61 White 184 Tota 1 321 Percentage of Lexington Con-fil-l-ned Cases lby Race/Ethnid-ty* American Indian *[)ata firorn 3/7/20 -6/24/20 .......... ...... Alaskan Native ............... 0% . ..................... Black African American 6% Other 12% Total Cases �������,<< 321 4 Standardized Rates: Lexington standardized case and testing rates compared to 8 geographically adjacent communities (data normalized to a standard population reference rate of 100,000 to accurately compare communities with different population sizes; note all data is cumulative from 3/1/20 to 6/24/20): ® III a"'ill Illlr „ U III lug t t � � III � ull t t Waltham 1227 1841 6624 9937 19% Bedford 271 1819 4575 30712 6% Woburn 621 1497 4445 10713 14% Lexington 321 943 2579 7575 12% Burlington 265 959 2497 9033 11% Belmont 230 842 2049 7504 11% Arlington 304 664 3733 8149 8% Winchester 118 529 2085 9340 6% Lincoln 38 439 658 7604 6% Case IRate per I.. IK for 8 C¢ rnirIDu irides GeogralpMcally Adjacent to IL i ingto in* *Data covers time period 3/1/20-6/24/20 2000 1841 1819 1497 1.500 959 943 1.000 842 664 529 439 500 Waltham Bedford vvolaurn 13urlington I...exin8toin 1.3elmont Arlington \A/inchelster I...'iricolir I.. sl I ate per IOOIK for 8 Cornlrnu inr tll s GeogirapMcallly Adjacent to i....e iingt Irk* *Data covers the time period 3/1/20-6/24/20 35000 30712 30000 25000 20000 1.5000 10713 9937 9340 9033 8149 7604 7575 7504 7.5000 !:�0007 0 Bedford \ 01'.)ui~n vvaltharn Winchester Burlington Adintton Lincoln I...exington 13eIiTiont 5 .. 'I Per cent age of Cases Tested with Posifive Resull M-ts for- CO 1..9* *Data covers time aeriod 3/1/20-6/24/20 20% 19% 1.5% 14% 12% 11% 1.0% 8% 5% 6% 6% 6% 0% Ell 11 11 11 1111 1111 111! Waltharn Woburn I exington Fleirnont Flurkngton Arlington Fledford I incohn WinchesLer Discussion of Data: On 6/1/20, the Massachusetts Department of Public Health (MDPH)updated the case surveillance definition for"probable" cases. A "probable" case now refers to a patient with a positive antibody test and either COVID-like symptoms or likely exposure to a COVID-19. In addition, MDPH is now counting"probable" deaths as those patients who did not have a laboratory test but whose death certificate listed COVID-19 as the cause of death. MDPH applied this updated criteria retrospectively to cases and fatalities going back to 3/1/20 and reported this data on June 1st. The Lexington Office of Public Health is following the updated guidance as of June I't on interpretation of antibody testing. In the last 5 days there have been no additional confirmed cases in Lexington. There was a misclassification error that resulted in several cases attributed to Lexington last week that did not in fact reside in Lexington. We reported the error to the state, and this resulted in one case fewer than the reported number last week(i.e., 321 as of 6/24/20 vs. 325 that were reported in MAVEN on 6/18/20). As more demographic information was collected during case interviews, there were minimal changes to the demographic distribution of Lexington cases this week. Probable cases are up this week by 5 (49 cases as of 6/24/20 vs. 44 cases as of 6/17/20). As of 6/24/20, 49% of the confirmed cases in Lexington are individuals aged 70 years or older(no change from last week). The gender distribution of confirmed cases is now 57% female, 34%male with 9% unknown (i.e., one reported unknown last week has now been confirmed as male this week). As demographic data previously reported as unknown were collected(19% this week vs. 3 0% last week) the distribution of confirmed cases by race/ethnicity has changed. Of the 321 confirmed cases as of 6/24/20, 58% reported their race/ethnicity as White, 5% reported Asian, 6% reported Black/African American, 12% reported as other, and 19% are still reported as unknown. In order to accurately compare Lexington's case counts and testing data to other communities with different size populations, data were normalized to a standardized population reference size of 100,000 people. Lexington's standardized case rate this week is 943 cases per 100,000 people (down from 946 cases per I OOK last week), and Lexington remains in the middle of the case rate distribution among geographically adjacent communities. Lexington's testing rate is the second lowest of 8 geographically adjacent communities (down from 3r1 lowest last week, meaning fewer Lexington residents are seekin$!testing). Lexington remains within the top 3 of geographically adjacent communities in the percent tested who are positive for COVID-19. As testing has become more widely available and more businesses and industries reopen, i 6 is important for any Lexington residents to seek testing if thev feel ill or attend large 2atherin2s. Long Term Care Facilities and Assisted Living Facilities (data current as of 6/17/20) Beginning June 3rd, there will be restricted outdoors visitation for those wishing to visit residents of Long Term Care facilities: Guidance Issued..��u�..ID�,a�ing:::I'en�nl Care Outdoor Visnfiatnons CareOne Lexington: • Total# of positive resident cases (cumulative, including fatalities): 75 • Total# of suspect or confirmed fatalities (included in the number above): 24 • Current resident census (as of 6/23/20): 126— 1 of 4 units has been designated as a quarantine unit(11 current patients) • Staff- 35 staff have tested (+) and completed their isolation period • No current staffing needs;no critical PPE needs • CareOne completed MDPH infection control audits on 5/18/20 and 6/11/20 and remain in contact with MDPH surveyors on daily basis. Pine Knoll: • Total# of positive resident cases (cumulative, including fatalities): 52 • Total# of fatalities (included in the number above): 16 • Current resident census (as of 6/23/20): 63 —all but 1 COVID (+)resident (who are all asymptomatic)have completed their isolation period • Staff-At this time there have been 19 staff test (+) out of total of approximately 85 total staff; all positive staff have completed their isolation periods • Pine Knoll completed their third MDPH infection control audit on 6/19/20 and received a 28 out of 28 score • Pine Knoll is open to admissions at this time; they have 2 units for COVID-recovered patients and one unit for new admissions (who require 2 negative nasal swabs prior to admission and are required to undergo 14 day quarantine upon admission) 7 Brookhaven • Total#of positive resident cases (cumulative, including fatalities): 9 • Total# of fatalities (included in the number above): 3 • Current resident census (as of 6/23/20): 392 - across Skilled Nursing (20), Assisted Care (14) and Independent Living (358) • Staff- 13 staff have tested (+); all staff have completed their isolation periods at this time • Brookhaven had a Centers for Medicare and Medicaid Services (CMS) COVID infection control audit on March 30th without issue Youville Place • Total# of positive resident cases (cumulative, including fatalities): 21 • Total# of fatalities (included in the number above): 1 • Current resident census (as of 6/23/20): 74 - across traditional assisted living (54) and a memory care unit (20) • Staff- 11 staff have tested (+) of 61 staff that were tested by National Guard; all have completed their isolation periods Artis Senior Living • Total# of positive resident cases (cumulative, including fatalities): 0 • Total # of fatalities (included in the number above): 0 • Current resident census (as of 6/22/20): 22 (utilizing 2 of 4 units—Artis is exclusively `memory care') • Staff- 4 staff have tested negative as a result of community or household exposures Artis is open for admissions and has welcomed their first new resident, who has tested negative for COVID and is completing 14 day quarantine 8 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Grant of Location for Verizon Pole: Lincoln Street - Revised Petition PRESENTER: ITEM NUMBER: Rick F oreman, PIKE I.2 SUMMARY: Attached please find the revised petition as well as the last approval by the Select Board in November 2019. After the Select Board approved the last petition, one of the neighbors (who had received the certified mail, but hadn't commented) complained to Verizon about the location in which pole 55/16 had been approved. The new location was 42 feet from pole 55/16A. After Verizon worked with the parties involved, the parties agreed to locate pole an additional 11 feet further from the northeast property line between#45 and#43. The pole is now proposed to be 31 feet from pole 55/16A. SUGGESTED MOTION: Move to Approve the relocation of one (1) JO pole, P.55/16, on the northerly side of Lincoln Street to a point approximately 31' easterly from its current location on the northerly side of Lincoln Street FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 7:15pm ATTACHMENTS: Description Type New t'etition. Cover Mlegry Notice to Abuittcrs Cover Ih emv Appmved Nov 2019 Ile.fifion ("over merro Karen Levesque Right of Way Manager verizowl 385 Myles Standish Blvd Taunton,MA 02780 Office 774-409-3170 Mobile 774-504-1279 Karen.Ievesque@one.verizon.com May 8, 2020 Lexington Board of Selectmen Town Office Building, 2nd Floor 1625 Massachusetts Avenue Lexington, MA 02420 RE: Petition for Verizon job #4AOH4TQ Lincoln Street Dear Honorable Board of Selectmen: Enclosed find the following items in support of the above-referenced project: 1. Petition; 2. Petition Plan; 3. Order; 4. Abutters. A Public Hearing and notice to abutters is required. A Verizon representative will attend the Public Hearing. Should any questions or comments arise concerning this matter prior to the hearing,please contact me at 774-409-3170. Your assistance is greatly appreciated. Sincerely, &a-' Z-0' e Karen Levesque Right of Way Manager Eric PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS April 23, 2020 To the Select Board in LEXINGTON, Massachusetts VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY request permission to locate poles,wires,cables and fixtures including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways: Lincoln Street: Relocation of one(1)JO pole,P.55/16, on the northerly side of Lincoln Street to a point approximately 31' easterly from its current location on the northerly side of Lincoln Street. This petition is necessary to provide new services. Wherefore they pray that after due notice and hearing as provided by law,they be granted joint or identical locations for and permission to erect and maintain poles,wires and cables,together with anchors, guys and other such sustaining and protecting fixtures as they may find necessary,said poles to be erected substantially in accordance with the plan filed herewith marked-VZ N.E. Inc.Plan No. 4AOH4TQ Dated April 23, 2020. Also for permission to lay and maintain underground laterals,cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioners agree that space shall be reserved and maintained for the limited purpose of attaching one-way low voltage fire and police signaling wires owned by the municipality or governmental entity for public safety purposes only. VERIZON NEW ENGLAND INC. By Karen Levesque - Tdanager-Rights of Way Dated this midday of April ,2020. NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY R By_ °— Right of Way Representative Richard M. Schifone-Supv. R&P NSTAR Dated this 7th day of May ,2020. Page 1 of 1 verizonv PETITION PLAN LEXI NGTON 4AOH4TQ MUNICIPALITY VZ. N.E. INC.NO. VERIZON NEW ENGLAND,INC AND NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY DATE : April 23,2020 SHOWING PROPOSED RELOCATION OF ONE POLE ON LINCOLN STREET NORTH 43 Lincoln St. w E PARCEL: 50//24C// 39 Lincoln St. PARCEL: 50//25/ S �' 41 Lincoln St. �\ �\PARCEL: 50/ ����� e 45 Lincoln St. PARCEL: 50//23// \ 38 Lincoln St. \` Existing Pole �' ' \ PARCEL: 50//4A// / �.• \ \ P.55/16 to be \ Relocated Existing 40 Lincoln St. \` 55 Lincoln St. P.55/16A to J9/•' ' PARCEL: 50//5// \ ` PARCEL: 50//22B// remain / X \ Existing Pole P.55/17 to \ / \ Remain 44 Lincoln St. / \,PARCEL: 50//250/ / CO �• \\ 46 Lincoln St. \ PARCEL: 50//6// \ \ / 48 Lincoln St. PARCEL: 50//7// / NOT TO SCALE LEGEND PROPERTY LINE TO BE NG RELOCATED EDGE POLE TO BE RELOCATED EDGE OF PAVEMENT EXISTING JOINTLY OWNED POLE TO REMAIN EDGE OF ROADWAY ® PROPOSED NEW JOINTLY OWNED POLE TO BE INSTALLED ORDER FOR JOINT OR IDENTICAL POLE LOCATIONS By the Board of Selectmen of the Town of LEXINGTON, Massachusetts. Notice having been given and a public hearing held,as provided by law, IT IS HEREBY ORDERED: that VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY DB/A EVERSOURCE ENERGY be,and they are hereby granted joint or identical locations for and permission to erect and maintain poles and their respective wires and cables to be placed thereon,together with anchors guys and other such sustaining and protecting fixtures as said Companies may deem necessary, in public way or ways hereinafter referred to,as requested in petition of said Companies dated the 14th day of June,2019. Lincoln Street: Relocation of one(1)JO pole,P.55/16, on the northerly side of Lincoln Street to a point approximately 31' easterly from its current location on the northerly side of Lincoln Street. This petition is necessary to provide new services. All construction under this order shall be in accordance with the following conditions: Poles shall be of sound timber,and reasonably straight and shall be set substantially at the points indicated upon the plan marked-VZ N.E.Inc.No. 4AOH4TQ in a package Dated April 23,2020 - filed with said petition. The following are the public ways or parts of ways along which the poles above referred to may be erected,and the number of poles,which may be erected thereon under this order: Lincoln 1 JO pole to be relocated Also that permission be and hereby is granted to each of said Companies to lay and maintain underground laterals,cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each may desire for distributing purposes. I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen for the Town of LEXINGTON, Massachusetts held on the day of 2020. Select Board Clerk Pagc 1 of 2 We hereby certify that on 2020,at o'clock m.,at the a public hearing was held on the petition of the VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY DB/A EVERSOURCE ENERGY for permission to erect the poles,wires,cables,fixtures and connections described in the order herewith recorded,and that we mailed at least seven days before said hearing a written notice of the time and place of said hearing to each of the owners of real estate(as determined by the last preceding assessment for taxation)along the ways or parts of ways upon which the Companies are permitted to erect poles,wires,cables,fixtures and connections under said order. And that thereupon said order was duly adopted. Select Board of the Town of LEXINGTON,Massachusetts CERTIFICATE I hereby certify that the foregoing is a true copy of a joint location order and certificate of hearing with notice adopted by the Select Board for the Town of LEXINGTON,Massachusetts, on the day of 2020,and recorded with the records of location orders of said Town,Book ,Page . this certified copy is made under the provisions of Chapter 166 of General Laws and any additions thereto or amendments thereof. Attest: Town Clerk Pagc 2 of 2 ABUTTERS LIST PARCEL ID: 50//25// 39 Lincoln Street VITUNIC MARK ROBERT & HARITON-VITUNIC MARIE CHRISTINE 39 Lincoln St. Lexington, MA 02421 PARCEL ID: 50//24B// 41 Lincoln Street POPIEL JAN & POPIEL ANNA 41 Lincoln St. Lexington, MA 02421 PARCEL ID: 50//24C// 43 Lincoln Street HARIS CLINTON M & RICH BRENCH L HARIS 43 Lincoln St. Lexington, MA 02421 PARCEL ID: 50//23// 45 Lincoln Street STEVENSON JEREMY N & STEVENSON FARHANA R 4 Hampton Road Lexington, MA 02421 PARCEL ID: 50//22B// 55 Lincoln Street TEMPLE ISAIAH 55 Lincoln St. Lexington, MA 02421 PARCEL ID: 50//7// 48 Lincoln Street BRENCHICK WILLIAM P JR L/E & BRENCHICK MARK W 48 Lincoln St. Lexington, MA 02421 ABUTTERS LIST PARCEL ID: 50//6// 46 Lincoln Street WANG ZUNCAI & LI YANGFENG 46 Lincoln St. Lexington, MA 02421 PARCEL ID: 50//250// 44 Lincoln Street SIMON SAMUEL E & SIMON JILL ZIMMER 44 Lincoln St. Lexington, MA 02421 PARCEL ID: 50//5// 40 Lincoln Street WILKES ANNEMARIE & FLEMING THOMAS J TRS THE 40 LINCOLN STREET NOMINEE TRUST 40 Lincoln St. Lexington, MA 02421 PARCEL ID: 50//4A// 38 Lincoln Street NANNIS ELLEN D TRUSTEE PROMISE CODY REALTY TRUST 38 Lincoln St. Lexington, MA 02421 NOTICE TO ABUTTERS June 16, 2020 You are hereby notified that a public hearing is being held remotely via a Zoom Webinar* on Monday,June 29, 2020 at 7:00 p.m.upon the proposal of Verizon/Eversource to install one pole in the following public way of said Town: Lincoln St: Relocation of one (1) JO pole, P.55/16, on the northerly side of Lincoln Street to a point approximately 31 ' easterly from its current location on the northerly side of Lincoln Street. Y,im Yatzen6ack Executive Clerk Select Board Please direct inquiries to: Karen Levesque Right of Way Manager,Verizon 774-409-3170 *Public comments for the Select Board Meeting can he emailed to selectboard@lexingtonma.gov prior to the meeting; or Members of the public viewing the remote meeting webinar on June 29, 2020 at 7:00 p.m. from their computer or listening by phone can comment during the public comment portion of the hearing. Copies to: Karen Levesque Right of Way Manager, STEVENSON JEREMY N & SIMON SAMUEL E &JILL Verizon FARHANA R ZIMMER 385 Myles Standish Blvd 4 Hampton Road 44 Lincoln St. Taunton, MA 02780 Lexington, MA 02421 Lexington, MA 02421 VITUNIC MARK ROBERT& TEMPLE ISAIAH WILKES ANNEMARIE & HARITON-VITUNIC MARIE 55 Lincoln St. FLEMING THOMAS J TRS CHRISTINE Lexington, MA 02421 THE 40 LINCOLN STREET 39 Lincoln St. NOMINEE TR Lexington, MA 02421 BRENCHICK WILLIAM P& 40 Lincoln St. MARK Lexington, MA 02421 POPIEL JAN &ANNA 48 Lincoln St. 41 Lincoln St. Lexington, MA 02421 NANNIS ELLEN D TRUSTEE Lexington, MA 02421 PROMISE CODY REALTY WANG ZUNCAI & TRUST HARIS CLINTON M & LI YANGFENG 38 Lincoln St. RICH BRENCH L HARIS 46 Lincoln St. Lexington, MA 02421 43 Lincoln St. Lexington, MA 02421 Lexington, MA 02421 TRICIA MALATESTA Engineering Aide Department of Public Works/Engineering verizonv PETITION PLAN LEXI NGTON 4AOH4TQ MUNICIPALITY VZ. N.E. INC.NO. VERIZON NEW ENGLAND,INC AND NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY DATE : April 23,2020 SHOWING PROPOSED RELOCATION OF ONE NEW POLE ON LINCOLN STREET NORTH 43 Lincoln St. w E PARCEL: 50//24C// 39 Lincoln St. PARCEL: 50//25/ S �' 41 Lincoln St. �\ �\PARCEL: 50/ ����� e 45 Lincoln St. PARCEL: 50//23// \ 38 Lincoln St. \` Existing Pole �' ' \ PARCEL: 50//4A// / �.• \ \ P.55/16 to be \ Relocated Existing 40 Lincoln St. \` 55 Lincoln St. P.55/16A to J9/•' ' PARCEL: 50//5// \ ` PARCEL: 50//22B// remain / X \ Existing Pole P.55/17 to \ / \ Remain 44 Lincoln St. / \,PARCEL: 50//250/ / CO �• \\ 46 Lincoln St. \ PARCEL: 50//6// \ \ / 48 Lincoln St. PARCEL: 50//7// / NOT TO SCALE LEGEND PROPERTY LINE TO BE NG RELOCATED EDGE POLE TO BE RELOCATED EDGE OF PAVEMENT EXISTING JOINTLY OWNED POLE TO REMAIN EDGE OF ROADWAY ® PROPOSED NEW JOINTLY OWNED POLE TO BE INSTALLED ORDER FOR JOINT OR IDENTICAL POLE LOCATIONS By the Board of Selectmen of the Town of LEXINGTON, Massachusetts. Notice having been given and a public hearing held,as provided by law, IT IS HEREBY ORDERED: that VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY be,and they are hereby granted joint or identical locations for and permission to erect and maintain poles and their respective wires and cables to be placed thereon,together with anchors guys and other such sustaining and protecting fixtures as said Companies may deem necessary, in public way or ways hereinafter referred to,as requested in petition of said Companies dated the 14th day of June,2019. Lincoln Street: Relocation of one(1)JO pole,P.55/16,on the northerly side of Lincoln Street to a point approximately 421 easterly from its current location on the northerly side of Lincoln Street. Placement one(1)JO pole,P.55/16A,on the northerly side of Lincoln Street to a point approximately 34'westerly from the current location of existing pole,P.55/16, located on the northerly side of Lincoln Street. This pole placement is necessary to provide new services. All construction under this order shall be in accordance with the following conditions: Poles shall be of sound timber,and reasonably straight and shall be set substantially at the points indicated upon the plan marked-VZ N.E.Inc.No.4AOH4TQ in a package Dated October 25,2019- filed with said petition. The following are the public ways or parts of ways along which the poles above referred to may be erected,and the number of poles,which may be erected thereon under this order: Lincoln I JO pole to be relocated I JO pole to be placed Also that permission be and hereby is granted to each of said Companies to lay and maintain underground laterals,cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each may desire for distributing purposes. I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen for the Town of LEXINGTON, Massachusetts held on the day of_aa�em (' _2019. Board of Selectmen k �� Page 1 U2 We hereby certify that on tjo je W 4 _ 2019,at o'clock D __m.,at the rJ fl _a public hearing was held on the petition of the VERIZON NEW ENG AND INC.and NSTAR ELECTRIC COMPANY DPB/A EVERSOURCE ENERGY for permission to erect the poles,wires,cables,fixtures and connections described in the order herewith recorded,and that we mailed at least seven days before said hearing a written notice of the time and place of said hearing to each of the owners of real estate(as determined by the last preceding assessment for taxation)along the ways or parts of ways upon which the Companies are permitted to erect poles,wires,cables,fixtures and connections under said order. And that the eupon said rder was duly adapted. Board of Selectmen of the Town of LEXINGTON,Massachusetts CERTIFICATE I hereby certify that the foregoing is a true copy of a joint location order and certificate of hearing with notice adopted by the Board of Selectmen for the Town of LEXINGTON,Massachusetts,on the day of Npg ( _2019,and recorded with the records of location orders of said Town,Book ,Page . this certified copy is made under the provisions of Chapter 166 of General Laws and any additions thereto or amendments thereof. Attest: T wn Clerk Page 2 of 2 viverizoW PETITION PLAN MUNICIPALITY LEXINGTON VZ.N.E.INC.NO. 4AOH4TQ VERIZON NEW ENGLAND,INC AND OCTOBER 25,2019 NSTAR ELECTRIC COMPANY DIBIA EVERSOURCE ENERGY DATE. SHOWING PROPOSED RELOCATION OF ONE POLE AND INSTALLATION OF ONE NEW POLE ON LINCOLN STREET NORTH 43 Lincoln St. W E PARCEL: 50//24C// 39 Lincoln St. PARCEL: 50//25// S 41 Lincoln St. \ PARCEL: 50/ 2413/ 45 Lincoln St. PARCEL: 50//23/ 38 Lincoln St. Existing Pole PARCEL: 50/ 4A/ P.55/16;to be Relocatedled New Pole P.55/16A to 40 Lincoln St. 55 Lincoln St. be Placed PARCEL: 50//5// PARCEL: 50//22B// Existing Pole P.55/17 to be Remain i14C) 44 Lincoln St.\ A, `,PARCEL: 50/ 250/ 46 Lincoln St. PARCEL: 50/ 6/ 48 Lincoln St. PARCEL: 50//7/ NOT TO SCALP LEGEND ------- PROPERTY LINE Al EXISTING JOINTLY OWNED POLE TO BE RELOCATED EDGE OF PAVEMENT EXISTING JOINTLY OWNED POLE TO REMAIN EDGE OF ROADWAY PROPOSED NEW JOINTLY OWNED POLE TO BEINSTALLED AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Presentation to the Chinese American Association of Lexington(CAAL) and the Chinese Americans of Lexington (CALex) - Thank You for Donations PRESENTER: ITEM NUMBER: Doug Lucente, Chair L3 SUMMARY: Both the Chinese American Association of Lexington(CAAL) and Chinese Americans of Lexington(CaLex) generously donated personal protective equipment to the Town and the community which were dispensed through the Lexington Fire Department and this is an opportunity to recognize their generosity. SUGGESTED MOTION: No motion required. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 7:25pm ATTACHMENTS: Description Type D AQ,kaaowllsudgen .nt Plaques k Donations, 11actup IVl[sata;Ilia" A, i I 14 �e i ma i F f x� AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Voluntary Water Use Restrictions PRESENTER: ITEM NUMBER: Dave Pinsonneault, Director of Public Works 1.4 SUMMARY: In order to maintain regulatory water pressure in Town to ensure delivery into homes and businesses and proper fire protection during this high use time frame the Department of Public Works would like to institute a voluntary water restriction from July 1, 2020 to October 1, 2020. We urge residents and businesses to refrain from any outdoor water use between the peak demand hours of 5:30am— 8:30am daily. This includes restricting all irrigation and other outdoor landscape/turf watering, washing vehicles, rinsing driveways, filling pools etc. SUGGESTED MOTION: Approve instituting a voluntary water restriction on any outdoor water use as recommend by DPW between the hours of 5:30am and 8:30am daily from July 1, 2020 to October 1, 2020. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 7:30pm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve the Creation of 20mph Safety Zone in the Area of Lexington Center PRESENTER: ITEM NUMBER: Board Discussion I.5 SUMMARY: Attached please find the updated map and report that includes the additional areas the Select Board discussed at the last meeting. This should be ready for a vote to establish a 20 MPH zone in Lexington Center. SUGGESTED MOTION: Move that in accordance with the provisions of Massachusetts General Laws, Chapter 90, Section 18B adopted by Town Meeting at ATM 2017 and later accepted by the Board of Selectmen on May 8, 2017, the Select Board hereby implement the following special speed regulation:20 MPH Safety Zone in Lexington C enter. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 7:35pm ATTACHMENTS: Description Type Speed Regulation Backup hNuaderial p ewes& py Zone kZ<,poli (ko%Cr t`,Qlelly) yug s4iucpalate (AwerCmmpa^;rrcm) D (`enter Commit tee,Memo wSclvctFk),ardre2p mph prxunzgpwnp"emveirAirua lBackupiWpawrial VOTED : IN ACCORDANCE WITH THE PROVISIONS OF MASSACHSETTS GENERAL LAW CHAPTER 90 SECTION 18B ADOPTED BY TOWN MEETING AT ATM 2017 AND LATER ACCEPTED BY THE BOARD OF SELECTMEN ON MAY 8, 2017, THE BOARD OF SELECTMEN HEREBY IMPLEMENT THE FOLLOWING SPECIAL SPEED REGULATION: 20 MPH SAFETY ZONE IN LEXINGTON CENTER STREET LOCATION REGULATION Massachusetts From Harrington Road to Slocum Road 20 MPH Safety Zone Avenue Bedford Street From Harrington Road to Massachusetts 20 MPH Safety Zone Avenue Hancock Street From Bikeway Crossing to Bedford Street 20 MPH Safety Zone Harrington Road From Massachusetts Avenue to Hancock 20 MPH Safety Zone Street Meriam Street From Bikeway Crossing to Massachusetts 20 MPH Safety Zone Avenue Waltham Street From Massachusetts Avenue to Vinebrook 20 MPH Safety Zone Road Woburn Street From Hayes Lane to Massachusetts Avenue 20 MPH Safety Zone DATE OF PASSAGE Douglas M. Lucente, Chair Jill I. Hai, Vice-Chair Joseph N. Pato Suzanne E. Barry Mark D. Sandeen CERTIFICATE OF VOTE OF THE LEXINGTON SELECT BOARD This is to certify that at a meeting of the Lexington Select Board duly held on the day of ,2020,the Select Board voted as follows: VOTED: To approve the 20 MPH Safety Zone as allowed by MGL c. 90§18B; accepted by Town Meeting on March 20,2017 and adopted on May 8,2017 by the Board of Selectmen. VOTED: To authorize the Town Manager to execute said Special Speed Regulation— 20 MPH Safety Zone in Lexington Center Nathalie Rice Town Clerk DATED: 1775 Vl at Massachusetts Avenue & Bedford Street Safety Zone Study Lexington, Massachusetts ICI I PARI I 10 R, Lexington Select Board f' W Transportation Safety Group 1625 Massachusetts Avenue Lexington, MA 02420 [)aiv:Api it 28, 2020 ievii c d.h.mo 16, 2020 Executive Summary Chapter 90 of the Massachusetts General Laws (MGL) governs speed limits on all streets and highways throughout the Commonwealth and the Massachusetts Department of Transportation (MassDOT) has established procedures to define appropriate speed limits. MGL c. 90 section 18B provides municipalities the ability to establish safety zones at a speed limit of 20 MPH in accordance with the MassDOT Procedures for Speed Zoning for areas conforming to the stated guidance. At Annual Town Meeting on March 20, 2017, Lexington Town Meeting voted to accept the provisions of MGL c. 90§18B. On May 8, 2017 the Board of Selectmen (BOS)voted to adopt and implement MGL c. 90 §18B. By adopting this provision, the BOS has the authority to establish 20 MPH safety zones. The Transportation Safety Group (TSG) conducted the following analysis and recommends that the BOS establish a 20 MPH safety zone in Lexington Center. This report has been developed to establish the Lexington Town Center and Battle Green area as a safety zone with a regulatory speed limit of 20 MPH. Criteria Speed limits within a Safety Zone must be set at 20 MPH and are intended to be used in areas where vulnerable road users are present.Areas include parks, high pedestrian areas, and retail centers. Safety Zone speed limits are the only regulatory speed limit that municipalities can adopt on town-owned ways without approval from the Massachusetts Department of Transportation (MassDOT). Safety Zones cannot be placed on state highways without prior written approval of MassDOT. Below are criteria identified by MassDOT and Transportation Safety Group (TSG): • Street should be adjacent to land uses that are likely to attract vulnerable users. (MassDOT) • Safety Zone should contain one or more areas that have potential conflicts between motor vehicles and vulnerable users that warrant a reduction in speeds such as crosswalks, driveways, or side streets. (MassDOT) • The minimum length of the Safety Zone should be at least 1/4 of a mile and it should not extend more than 500' beyond a side street unless an applicable land use continues along the adjacent block. (MassDOT) • Street has a crash history involving pedestrians and/or cyclists. (TSG) • Evaluation of this above criteria shall be accompanied by an engineering study. (MassDOT) 1 L\Planning\Center Safety Zone\FOR BOS\Center Safety Zone Report_dean_06_16_20.docx Proposed Safety Zone Location and Limits Given the criteria above, TSG determined that the area from the western end of the Battle Green at Harrington Road including both Bedford Street and Massachusetts Avenue, along Massachusetts Avenue tojust beyond the intersection of Slocum Road and Massachusetts Avenue was appropriate for a Safety Zone. Additionally, the side streets of Waltham Street to Vinebrook Road and Hancock Street, Meriam Street, and Woburn Street to the intersections with the Minuteman Commuter Bikeway are included. Figure 1—Locus Map i 1 ' s b � o i „ 0 1G G0Y V u+u N z p w rr� r y a ZL:\Planning\Center Safety Zone\FOR BOS\Center Safety Zone Report_dean_06_16_20.docx Roadway Character and Transportation Demands Massachusetts Avenue is an east-west transportation facility providing connection from the Interstate 95/Route 128 corridor to Lexington Center and other town neighborhoods along with communities east of Lexington including Arlington and Cambridge. Massachusetts Avenue is the major roadway through the town center, At the Battle Green the roadway splits with Massachusetts Avenue to the south of the Battle Green and Bedford Street, which carries the majority of the traffic north of the Battle Green. Through the proposed safety zone, Massachusetts Avenue is listed as an urban minor arterial west of the intersection with Bedford Street, and an urban principal arterial to the east. Along the Battle Green it carries one lane of traffic in each direction, with parking along the curb and sidewalks on both sides.Through the town center Massachusetts Avenue expands to two lanes in each direction with sidewalks continuing on both sides. The roadway transitions down to one travel lane in each direction for the final 1,000 feet of the proposed safety zone. On street parking is present throughout the proposed safety zone, however there are no delineated bicycle lanes or shoulders. Bedford Street extends northwest from the intersection with Massachusetts Avenue, forming the north border of the Battle Green. Similar to west section of Massachusetts Avenue, Bedford Street consists of one travel lane in each direction with on-street parking and sidewalks on both sides. Bedford Street is listed as an urban principal arterial. Traffic Massachusetts Avenue and Bedford Street carry significant traffic volume.Traffic volume counts were conducted in 2013,to provide a basis from which to evaluate traffic conditions in the town center. Based on the Automatic Traffic Recorder data (ATRs), the 2013 seasonally adjusted Average Daily Traffic (ADT) on Massachusetts Avenue through the town center is approximately 14,000 vehicles per day(VPD). Table 1 provides a summary of the Design Designation Data for Massachusetts Avenue and Bedford Street. K\Planning\Center Safety Zone\FOR BOS\Center Safety Zone Report_dean_06_16_20.docx Table 1 Traffic Data Massachusetts Avenue Bedford Street (near of Parker St.) (near of Winthrop St.) Posted Speed 30 mph 25 mph 30 mph ADT(2013) 10,220 vpd 14,405 vpd 13,655 vpd K 0.11 0.09 0.09 D 55%(westbound) 52%(eastbound) 55%(southbound) T(Peak Hour/Average) 4.7% 13.8% 4.7% T(Daily) 4.2% 13.4% 3.1% DHV 1,095 vph 1,270 vph 1,170 vph DDHV 600 vph(westbound) 665 vph(eastbound) 640 vph(southbound) Traffic Abbreviation definitions: ATR—Automatic Traffic Recorder ADT—Average Daily Traffic(includes both directions on a road) K—Peak Hour Factor(percentage of daily traffic that occurs during the peak hour) D—Directional factor(percentage of peak hour traffic going in one direction) T—Truck percentage DHV—Design Hour Volume(K x ADT,amount of traffic during the peak hour) DDHV—Directional Design Hour Volume(D x DHV) Land Use and Surrounding Area The proposed safety zone is approximately 0.7 miles (3,700 feet) through Lexington Center.Zoned Center Business and Government Civic,the vibrant corridor is home to restaurants, retail businesses, two theaters, offices, library, visitor center, and municipal offices. In addition, Lexington Center is home to several historic sites. The Visitor Center situated on Massachusetts Avenue across from the Battle Green hosts over 100,000 visitors a year. Nine public streets intersect and 16 crosswalks cross the 0.7 mile proposed safety zone. Given the active retail and tourist attractions there are vulnerable users present. Lexington Center is a popular destination where pedestrians, cyclist, bus riders and vehicle drivers converge.The two MBTA bus routes have six stops in the corridor while all six Lexpress Routes originate at Depot Square immediately adjacent to the corridor.The Minuteman Bikeway supports an estimated 400,000 riders a year(over 5,000 users per day on busy summer weekends) and parallels Massachusetts Avenue. The adjacent to proposed Safety Zone corridor and commercial and tourist area are single-family homes on 5,000 to 15,000 square-foot lots. In addition, there are several multi-family developments. Lexington High School is approximately .25 miles from the proposed safety zone.After school many students walk to the town center amenities. 4L:\Planning\Center Safety Zone\FOR BOS\Center Safety Zone Report_clean_06_16_20.docx Accident Data The Massachusetts Department of Transportation tracks accidents through the Highway Safety Improvement Program (HSIP). There are a number of accidents involving pedestrians, bicycles and vehicles in the proposed Safety Zone. Table 2 Crash Clusters Crash count Fatallserious 2007-2016 HSIP Pedestrian 25 5 Cluster 2007-2016 HSIP Bicycle Cluster 13 2 HSIP Cluster 2014-2016 22 3 Top 200 Intersection Cluster 57 1 2014-2016 Source: MassDOT Top Crash Locations per statewide crash system at the Registry of Motor Vehicle based on weighted ranking. An accident cluster involving pedestrians shown in blue runs almost the entire length of the proposed Safety Zone. Between 2007 and 2016 there were 25 crashes involving pedestrians; five of which were fatal or serious. A large crash cluster involving bicycles exist in the western half of the proposed safety zone. Between 2007 and 2016 there were 13 crashes involving bicycles; two of which were fatal or serious. A crash cluster located at the intersection of Massachusetts Avenue and Woburn Street had 22 crashes between 2014 and 2016. And the notorious intersection of Bedford Street at Hancock Street and Harrington Road had 57 crashes during the same period, one of which was either fatal or serious. This crash location is on to the HSIP Top 200 Crash Location list; meaning that this location is in the top 200 crash locations for the MAPC area. 2016-2018 data gathered from the Lexington Police Department reflects similar data. Police data is not classified as to user type. 5LAPlanning\Center Safety Zone\FOR BOS\Center Safety Zone Report_dean_06_16_20.docx Table 3 Lexington Police Department Crash Data Investigated Crashes Non-Investigated Crashes Total 2016 25 40 65 2017 24 40 64 2018 18 43 61 Source:Lexington Police Department 2016,2017,2018-Mass AveMoburn intersection to Captain Parker Statue Crash data provided by the Lexington Police Department shows that in a three year period there have been 190 accidents in the proposed Safety Zone Accessibility There is a continuous existing sidewalk system along Massachusetts Avenue and Bedford Street through the Town Center and side streets of Hancock Street, Meriam Street, and Woburn Street.The surface treatment varies with a combination of brick, cement concrete, asphalt, and stone dust.The system is in general compliance with ADA/AAB regulations,with the Town performing maintenance and upgrades to the area every year. The existing sidewalk along Massachusetts Avenue consists of 6'to 8'wide sections on the south side of the roadway. Between the Battle Green and the Town Office Building, the north side of Massachusetts Avenue contains 1,100' of walkway area varying in width up to 36', with 6' wide sidewalk extending east to the limit of the proposed safety zone.There is a 5' to 6' sidewalk encircling the Battle Green,with asphalt along the Massachusetts Avenue side and stone dust along Bedford Street and Harrington Road.The sidewalk along the north side of Bedford Street is cement concrete with an approximate width of 7'. Additionally, the Minuteman Commuter Bikeway runs parallel to the proposed Safety Zone corridor offering additional multi-modal access to the Town Center. Users can access the Bikeway at various points between the crossings at Hancock Street and Woburn Street. 6L\PIanning\Center Safety Zone\FOR BOS\Center Safety Zone Report_clean_06_16_20.docx Recommendation/Summary As previously discussed, the proposed Safety Zone was evaluated based on the five criteria set forth by MassDOT and the Lexington Transportation Safety Group. Land Uses: The corridor is surrounded by land uses that attract vulnerable users. In addition to the retail and restaurant locations along this corridor, there are also several historical and municipal buildings. These include the historic landmarks of Lexington Common National Historic Site (Battle Green), The Old Belfry, Buckman Tavern, Depot Square (the Lexington Depot building and Emery Park), and the Hosmer House.The municipal facilities include the Lexington Visitors Center and Chamber of Commerce, Cary Memorial Library, Town Office Building, Cary Memorial Building, and Police Department. Other uses that attract vulnerable users include the U.S. Post Office, Hancock United Church of Christ, the Lexpress and MBTA transit access, and multiple child care centers. Conflict Points: There are several conflict points within the proposed Safety Zone.There are six intersections that contribute significantly to the overall traffic.There are also seven minor intersections adding to the conflict points.Additionally there are three bikeway crossings and six mid-block cross walks. Length and Limits: The proposed Safety Zone is 0.7 miles (3,700 feet)with limits set at intersections. Land uses that attract vulnerable users extend to the proposed limits. Crash Historv: As demonstrated in the 'Accident' section, there is significant documentation identifying this Town Center corridor as having an above average number of accidents. Several intersections and crossings within the proposed Safety Zone have been included on MassDOT's online interactive Top Crash Locations Map as Top 200 Intersection Crash Clusters, HSIP Crash Clusters, HSIP Bicycle Crash Clusters, and/or HSIP Pedestrian Clusters. Engineering Evaluation: After evaluation of the data and information provided, the limits as proposed comply with the criteria set forth in developing a Safety Zone, and demonstrate the necessity to have one in place. 7L:\Planning\Center Safety Zone\FOR BOS\Center Safety Zone Report_clean_06_16_20.docx u Q1Y o w Q m�N mJ rut 4 Rf � b i m� q w i r a w o i i i i� llll I o � rg� r [ N i� ww �tC r b � y r � ' M a l 1 � woc, m r; 1 � C � q i E r U pq / 2 Z � �a 4! waM ; WIIW � m �d 1 w 1 t i i v W W r, r �' RECEIVED June 2 , 2020 SELECT BOARD To: Select Board From: Jerold Michelson, Chair Lexington Center Committee Date: June 21, 2020 Re: Proposed Speed Limit and Parking Fees and Regulations The Lexington Center Committee held a remote meeting via Zoom on Wednesday June 171", 2020. Sheila Page, Assistant Planner, presented a plan by the Traffic Safety Group to create a 20 mph safety speed zone in the Center. All Committee members were supportive of this idea. Concerns and suggestions were raised over enforcement, lack of a traffic light at the Mass Ave/Woburn Street intersection (although this issue might reanimate in the future) and the need for 20 mph signage within the speed zone. The Center Committee voted 8 to 0 (by roll call vote) to support a 20 mph speed zone, as drawn in the presentation, in Lexington Center and to extend this zone eastward to the Muzzey Condominiums crosswalk. It was also noted the Depot Parking Lot is currently free and unmanned. There was some light discussion as to when to start up again with fees and enforcement. The Center Committee voted 8 to 0 (by roll call vote) to recommend to the Select Board that parking remain free for the time being. A Committee member suggested that a specific termination date, such as Labor Day, for the free parking, be chosen. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Presentation on Shared Streets and Spaces Grant PRESENTER: ITEM NUMBER: Sandhya Iyer, Director of Economic Development I.6 SUMMARY: Attached please find the grant application that was submitted on 6/23 and an area map of Lexington Center showing the areas that are proposed to blocked off to provide additional space for outdoor dining and creating wider pedestrian lanes between restaurants and the outdoor dining. We are looking at water filled jersey barriers so they can be drained and moved around as appropriate. Please note the attached plan is proposed and can be modified at any time as we move forward. I've also attached a summary of community feedback on the idea of closing off areas to allow for greater outdoor dining opportunities. SUGGESTED MOTION: Move to approve the grant application and general plan to block off parking areas as shown on the attached plan of Lexington Center. 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You will need: Grant submission - form fields with * are required. Part A: Applicant Information Date: Municipahty I exiingLon Name of ufficW Municipal signatory IJames Malloy,Town Manager,Town of Lexington Other MunicipaHties invdved and their riles None Descripdon of roles & respons'lbflffies of the applicant and any partnering municipalities James Malloy, Town Manager,Town of Lexington Contact person Sandhya lyer, Economic Development Director, Town of Lexington 2 Address * Address Line 1 1.625 Massachusetts Avenue Address I.Jne 2 Lexington city Massachusetts State 02420 ZIP Code EmaH * siyer@lexingtonma.gov T6ephone * 469-463-2506 3 Part ®, Project Information 1. Project goals (1.....2 sentences) (optional) On behalf of the Town of Lexington, we are pleased to submit this application to the Massachusetts Department of Transportation's Shared Streets and Spaces quick-launch/quick-build grant program. The funds requested will be used to create additional sidewalk space for pedestrians and diners to maintain safe social distancing. We are proposing to purchase jersey barriers and additional signage that the Town can use to safely block off selected parking spots to allow restaurants to expand their outdoor seating as well as provide retails shops with an area to set up an outdoor table as pick-up spots. . Project description (optional) Attached is a map of the proposed street parking spots that we would be modifying. The jersey barriers will allow us to implement these changes quickly, and also help us modify the streets according to the traffic and demand from the businesses in Lexington. This would provide the businesses with the opportunity to expand the outdoor dining into the street. By shifting the seating closer and into the street, we would be freeing up space on the sidewalk to allow pedestrians to have more areas to pass one another maintaining safe social distancing and avoid cluttering the sidewalks. Project location (optional) Massachusetts Avenue and streets closer to the Center of Lexington . GPS coordinates for project location (optional) FROM:42.44876262770,-71.22907556991 Degrees (1853-1855 Mass Ave https://goo.gi/maps/N4gyidKHHjSlVBPj) TO:42.44690328673,-71.22538798588 Degrees (1661 Mass ave https://goo.gl/maps/XQGjaLWL1e7h3YNV7) Does the project include a dedicated bus lane? ( pflonal) Yes No 4 1. Description of how the project will be irnplemented (optional) We plan on using jersey barriers, signage, and cones for blocking off the street parkin areas to extend outdoor seating. The jersey barriers will provide adequate protection%r placing tables and seating in pparking s ots. Attached is a map of the proposed street parkinghspots that we would be modifying. The jersey barriers will allow us to implement these changes quickly. This would provide the businesses with the opportunity to expand the outdoor dining into the street. 6 shifting the seating closer and into the street, we would be freeing up space on the sidyewalk to allow pedestrians to have more areas to pass one another maintaining safe social distancing and avoid cluttering the sidewalks. .. Description of any materials required to irnpP ernent the project, and how they will be obtained (optional) We need 1,000 linear square feet of water-filled jersey barriers. The barriers are 6 feet wide and 36 inches high. Also, we will need 41 cones, �17 barrels, and 39 signs to implement the project. . Demonstration of corn fiance with safety and acce,ssibih-ty related regulation's (Ai::)A and AAB) Yes N o . Project budget (optional) 41 cones @ $20/cone: $820 17 barrels @ $60/cone: $1,020 39 signs @ $40/sign: $1,560 167 Jersey Barriers (1000 linear square feet) @ $48,790 Total project cost: $52,190 . Project timeline and milestones (optional) Application due to MassDOT on June 23rd, 2020. Once we get notice of the award, there is a 2- 3 week lead time for the barriers. The installation can begin as soon as we receive the barriers. The DPW will install the barriers over a couple of days. 5 6. ExpNanation of the here-fits of the project and how it WiH rneet the goak of this program (optionaN) Lexington Center is a great combination of history, culture, restaurants, and local businesses. Lexington's unique aspects have played into drawing tourists, visitors, and shoppers from all across the world each year during the outdoor season. The restaurants and small businesses have been affected the most by the pandemic in Lexington. The businesses will benefit from the additional space and this project will help us create additional sidewalk space for the pedestrians. The Town plans to use this project as a pilot round to see if this helps attract people back to the Center. Depending on the feedback and success, the Town plans on implementing the outdoor seating and street parking changes each year during spring, summer, and fall. Part 0: Site Information Proof of ownership/controN of the reNevant rnUnicipaN infrastructure: Nease attach reNevant documentation as appendix. 1. is this project entirOy on muncipaHy owned infrastructure? Yes N o 6 2. Indicate whether any Massl.')O I owned infl-astructure is integral to I..-he proposed project Yes No Comment (optional) Please see attached GIs map screenshot. I lnd�cate whether. any 4ifrastructure owned by a state agency other than Mass DOT is integral to the proposed project (i.e. the Department of Conserva-don .ecrea-don) ,C Yes No Comment (optional) 7 4. Demonstrate whether the proposed project is in a Census Block Group identified by the relevant Regional Planning Agency as an Environrnentai ,Justice area. C Yes No 5 Is the site on a National Highway System roadway? GeoDOT for NIHIS jurisdictions (https://gis.massdot.state.ma.us/roadinventory/) ,C Yes No C Unknown 6. ls tl,-iis project intended to be a ternporary or a permanent cl,-iange? (preference will be giveri to projects with potential to be lasting) D' Definitely temporary Potentially permanent Definitely Permanent 7. 1 low fast cant..he proposed project be implemented? C Within 0-15 days of award Within 15-30 days of award 8 More than 30 days 8. World the proposed project divert, detour, or otherwise impede current public transit service, even temporarHy? Cd Yes No J. WokAW the proposed project repurpose parkland for transportation purposes, even ternporarHy? C Yes N o Part D : Eligible Project Types HgUe project types incWde changes to streets, curbs, sidewalks, arid/or parking (both on- and off-street); illustrative exampies are provided below. [Iroposed projects can draw frorn any of t[ie categories or individual elements identified here, or in-t-roduce alternative ideas Applications wfli be scored based on the number of different project elements inc-Juded, and the functionality, creativity, and capacity to advance the prograrn goals of the overall pi oposaL Project elernents suggested here can be relevant to rnuffiple project types. Proposals must include at least one project type and two eler`rients listed below, but any additional elements .......... provided they together form a coherent whole will garner extra points 9 1. Shared Streets and Spaces: Support for 'increased raN.,es of waUdng and/or biking by providing greater physical separation and increased safety (optional) Converted neighborhood streets for exclusive and/or shared use by people walking and/or biking Expanded sidewalks Safety, traffic calming, and speed reduction measures Modified traffic signals to support safe walking and biking(Changes to traffic signals require plans stamped by a registered Professional Engineer, usually a municipal staff member) E., Protected bicycle lanes, bicycle parking, signage, pavement markings C.' Accessibility upgrades to curb-ramps, crosswalks, and/or related facilities E Contiguous walking and/or biking corridors among neighborhoods and/or destinations 2. Outdoor Dining and Commerce: Safe and functional environments for curbside or sidewalk retail, dining, and civic programr-ring (optional) Repurposed and/or expanded portions of streets, curbs, and/or sidewalks to create more safe space for pedestrians, retail activity, dining, and community programming 10 Repurposed parking areas — on- and off-street —for walking, recreation, outdoor seating, retail and/or dining 3. 13etter, 13uses: Better facilities for bus transportation (optional) ::. Dedicated lanes Transit signal priority Bus stops and related facilities and infrastructure 4. Safe Routes to School: Safe transportation to chiidcare, schools, and of Vier facHities for children (optional) Converted neighborhood streets for exclusive and/or shared use by people walking and/or biking Signage, crosswalks C: Delineated areas for safe child dropoff and pickup 1. innovation: Any of project .types not identified here that reimagine and repurposes streets, sidewaii(s, curbs, and parking areas for safer walking, biking, retail, dining, and/or other civic purposes will be considered. (optionai) 2. Docurnents to be included In appendix (If applicable) and submitted altogether as one PDF. * Locus Maps * iiius-1-fal-Jons of the project I)ocurnents Attached (optional) ('I)o(")s [j ," l No File Chosen IFIle uploads rinay inat work on some imr bile deviices, CONTACT Shared Streets and Spaces Grant Program Address 10 Park Plaza, Boston, MA 02116 Directions (https://maps.google.com/?q=10+Park+Plaza`/`2C+Boston%2C+MA+02116) Online Contact Us sh are dstreets@dot.st ate.maus (mailto:sharedstreets@dot.state.ma.us) Did you find what you were looking for on this webpage? 0 Yes ONo 13 s. 4�n x� 1b F Ism I GRAHT STREET SE S Ili r F AtlM N05103 I II R ° N I�Inl I I L, 133N1S WtlHl"ItlM i I , x. I ` I I� III i 9O 1N3 3 vnos 1Od30 I I tiI I I Y^� 133N1S A3Rf1W 11X33ab...S O III ti41. VY v r ° �rY Y n as e t� k y yI w c w ti a a m ry m — '—"—33P1lSWItlIpf3W, I . f n I .w Shared Streets and Spaces Grant Community Feedback Two main themes surfaced in the discussions with the community: 1) Resources and help for businesses (other than restaurants) including gyms/yoga centers in the town. 2) Tent and seating in the public space. Center Committee:The Center Committee did not have a chance to comment on this exact proposal at their last meeting.At their meeting earlier in June, they were supportive of concepts to support businesses but did not feel that the Town had to go as far as shutting down Mass Ave or removing all of the parking along Mass Ave.The Center Committee was also supportive of a group seating area where people could enjoy their take out in the Center.They suggested people may be more likely to visit some shops and spend more time downtown if the group seating concept was available. PMG: PMG members have individually commented on the proposal.There are group members who are very supportive of the proposal. Other members expressed some concern about parking and tables immediately adjacent to each other given the number of accidents on Mass Ave each year.The group questioned if shutting down turning lanes is necessary. They are interested in hearing from the restaurants as to what their needs are. Chamber of Commerce:The Chamber acknowledges that the Lexington business community has not pushed for additional outdoor seating in Lexington.The Chamber would still like to see some outdoor common areas where residents could enjoy their take-outs during summer and have a local restaurant take the responsibility of clearing the trash and sanitization.The Chamber has proposed to work with the Economic Development Office to set-up some webinars and listen-in sessions for local business owners to learn more about their needs. Residents: Some of the residents are looking for similar measures that have been implemented in other comparable towns such as Burlington, Bedford, Belmont, Needham,Arlington, and Waltham. Bedford has recently opened up Bedford common and has partnered with a local restaurant for outdoor dining. Burlington has public parking converted into outdoor dining spaces. Waltham has shut down Moody Street for outdoor dining. Business Owners:At the time of submittal, we received two letters of support from business owners (II Casale and La Dolda). We reached out to all of the restaurants that would potentially benefit from this proposal. Via Lago explained that they would not be interested in this because indoor seating is now available. La Dolda was incredibly excited about this proposal and hoped this would be allowed in subsequent years. HDC:The HDC chair has acknowledged that this has been an incredibly difficult time for businesses and they do not want their regulations to be a hindrance.Temporary actions to help support businesses (signage, outdoor tables, etc.)will be allowed.The HDC is willing to provide recommendations and input to businesses in the Center and the Town where appropriate. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Age-Friendly Needs Assessment Results & Recommendations PRESENTER: ITEM Melissa Interess, Director of Human NUMBER: Services; Jan Mutchler, UMASS; Julie Ann Shapiro 1'7 SUMMARY: Jan Mutchler, Center for Social and Demographic Research on Aging, Gerontology Institute University of Massachusetts Boston will present summary of the findings from the age-friendly study. In addition, Julie Ann Shapiro, Lexington Council on Aging, will present to the Board the top 4 priority proposed action items. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 7:55pm ATTACHMENTS: Description Type D tMass llresa>oattrtion 6'aaiiaamunity Nee,(NMr essomert: tkre,serrrlaflon D COA Rccc mmu,rndations to Soled lkra rd Backup Maata°.fizat co cl) a (3) a) U) 0 C) C) (n C/) :3 N C: r- C) LM CL - (.) 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E U) o ■_ 3 r .v o � E ,c 0 cn .— cn u 0 ca o � � + 0 � i coO O O G� o Q E LO CO :�-, m 0 '� DO cmQ � r Q Q � t) IL '— Q x JW_ 0 W t h /iii >1 -0 0 C: U) -0 cn -1-a L- m C: 0 CD E cn a) 4- 0 4-a C: _0 CL (n _0 C: CD 0 C: a) cu 4-a -0 x x 0 -- E cn CD 0 E c: -F-a rm :3 0 cn 0 4-a 4-a Jc: A.-a CD (D E = C: 0 4-a =3 4-a CD E La-) L- 0 C: CD 0- 0 CO 0 0- 0 a) L. 0 cm CD cm a) cm (D cn C: 0 C: cn 0 > =3 0 L- 0 0 0 0 4-a .j 0 -C kq— Cf) A 'A A J� ,i cu cn E 42 4-a C: 0 E 0 C: 0 C: -0 -4-a C: C: cn 0 CU x 0 CU .S CD 4-a E 0 0 CU mmo 0 0 (D E x c: -f-a 3: a) a) 0 0 0 cn &. -�.a (D C: cn C) CU -I�e -0 4— 0 (D a) (n 0 cn a) >% cn Cf) CU 4-a CU 0 E a) L- L- C: C: in 2 CU A A yk 0 FM 42 N � O c6 � N N U COA Response to U Mass Age-Friendly Community Presentation The COA and Human Services staff appreciate the town support for this undertaking. We gained valuable insight into what seniors consider strengths and areas of need, and it is helpful to have their unique perspective and ideas. We appreciate the work Jan Mutchler and Sue Berger and her team at UMass Boston have put into helping us work toward becoming a more age-friendly community. Since the survey was conducted in mid-2019 and the study report presented to the Lexington Community in December 2019, Covid-19 has drastically influenced our way of living across all age spans. Priorities and needs for seniors (those most at-risk) have been especially altered during the pandemic. These critical needs are changing daily and still being identified before solutions to them can be implemented. As a board, we are committed to helping Lexington become a more Age Friendly community. In response to the UMass report, we have formed a working group to meet each month. The objective of the working group is to determine what short and/or long- term initiatives we, along with the Human Services department, will undertake, including researching, exploring and addressing issues raised in each of the Age-Friendly domains. The following are the initial goals that we intend to explore, with those we are undertaking first highlighted in italics, with the timeframe noted with an asterisk*: HOUSING: 1) Home Modification Assistance*. Support the ability of Lexington seniors to financially and physically remain safely in their own homes. • Explore current financial loan programs for home modifications and viability of creating a loan and/or grant program locally; Look at current tax relief programs and work with assessor's office to make recommendations/adjustments to eligibility criteria to allow more seniors to take advantage of these relief programs. Promote wider enrollment in tax deferral program. • Home Safety: Develop home safety assessment program, which may include partnering with local VNA for home safety assessments; Research CAPABLE program (out of Johns Hopkins) criteria/development to determine appeal for Lexington audience/seniors; Partners/Resources: Police, Fire, VNA, Human Services staff, town Assessor, CAPABLE program at Johns Hopkins, tax deferral group, tax relief work incentive plans *Timeframe: July, 2020— July, 2021 1 2) Affordable Housing Advocacy: Continue to collaborate with and support town groups exploring and advocating for expansion of senior suitable affordable and subsidized housing. Partners/Resources: Housing Authority, LexHab, Lexington at Home, MAGIC group from MAPC, Comprehensive Plan Advisory Committee TRANSPORTATION: 1) Senior Parking Sticker Program*: Institute an over-65 senior parking sticker program that would allow them to park in designated town metered areas without additional payment. Partners/Resources: Lexington Parking Management Group (PMG) and Transportation Manager, and designated Human Services staff *Timeframe: September, 2020—September, 2021 2) Senior-Only Parking Advocacy: Request the Parking Management Group consider having senior-only designated parking areas at Community Center and town center in 2021. Partners/Resources: Lexington Parking Management Group (PMG) and Transportation Manager, and designated Human Services and Community Center staff 3) Increased Transportation Advocacy: Provide ongoing support to the Transportation Manager for additional Lexington routes to neighboring towns and additional connections with MBTA bus routes, and for increased evening and weekend service, which would include Volunteer Driving Expansion and Lexpress hours expansion. Partners/Resources: Lexington Parking Management Group (PMG) and Transportation Manager, Transportation Advisory Committee, FISH 2 SOCIAL PARTICIPATION: 1) Neighborhood Postcard Program*: Create a neighborhood postcard to introduce oneself to your neighbor with basic contact information. Print in newspapers with article, allow pick-up of postcard from town buildings, on-line. Partners/Resources: newspapers, community websites, public and private gathering sites *Timeframe: July, 2020 - ongoing 2) Technology Program: Develop program for financially eligible seniors who lack internet connections to become connected through a donate/loan program of technology devices. May be combined with technology program for telemedicine (below). Opportunity for intergenerational program for HS students to assist with training. Partners/Resources: Public Information Officer, LHS RESPECT AND SOCIAL INCLUSION: 1) Senior Specific Commerce Program*: Meet with and encourage retailers to provide more senior-specific options for easier and safer shopping, including hours, accessibility, delivery, curbside pick-up. Partners/Resources: Lexington Center Committee, Chamber of Commerce, Retailers Association. *Timeframe: July/August 2020 —ongoing 2) COA Mobile Forums: Schedule in-person (Covid-dependent) listening sessions at places where seniors congregate (i.e. villages, private senior living residences, library)for COA Board members to gather information on needs and make seniors aware of programs and services. Partners/Resources: To be determined as needed. 3 3) Increased Partnerships: Partner with local organizations to assure programs and services address the needs of the wider community and offer more programs that are targeted to specific populations. Partners/Resources: CAAL, CALex, LexPride, Disability Commission, KoLex, JPLex, IAL, LICA, ABCLex etc. COMMUNICATION AND INFORMATION: 1) Listserve: Create Iistsery of cultural groups' leaders and include them in monthly/bi-monthly mailings of information. Partners/Resources: CAAL, CALex, LexPride, Disability Commission, KoLex, JPLex, IAL, LICA, ABCLex etc; Public Information Officer 2) Information Access Training: Provide trainings on how to access information online (town website, signing-up with various Iistservs etc.) and encourage receiving electronic newsletter. Opportunity for intergenerational program for HS students to assist with training. Opportunity to coordinate with Technology Program (see above). Partners/Resources: Public Information Officer, LHS COMMUNITY SUPPORT AND HEALTH SERVICES: 1) Informal Check-in Call program: Develop a registry, in coordination with other Lexington community-based programs, of seniors who would like COA members to contact them personally. Obtain their consent on a simple card (distributed through all outreach programs)for COA member to contact them. Partners/Resources: Meals on Wheels, VNA, Lexington Clergy, Human Services, local cultural groups 2) Technology Program: Support grant/donation-funded and need-based program to equip seniors with smartphones and ipads. Provide training to use for telemedicine and other needs. May be combined with Technology Program for increasing social participation (above). Partners/Resources: grant-giving organizations; private donors 4 SUMMARY OF COA INITIATIVES IN REPONSE TO U MASS AGE-FRIENDLY COMMUNITY PRESENTATION The following are the initial goals that we intend to explore, with those we are undertaking first highlighted in italics, with the timeframe noted with an asterisk*: HOUSING: 1) Home Modification Assistance* *Timeframe: July, 2020—July, 2021 2) Affordable Housing Advocacy: TRANSPORTATION: 1) Senior Parking Sticker Program* *Timeframe: September, 2020—September, 2021 2) Senior-Only Parking Advocacy 3) Increased Transportation Advocacy SOCIAL PARTICIPATION: 1) Neighborhood Postcard Program* *Timeframe: July, 2020- ongoing 2) Technology Program RESPECT AND SOCIAL INCLUSION: 1) Senior Specific Commerce Program* *Timeframe: July/August 2020—ongoing 2) COA Mobile Forums 3) Increased Partnerships COMMUNICATION AND INFORMATION: 1) Listserve 2) Information Access Training COMMUNITY SUPPORT AND HEALTH SERVICES: 1) Informal Check-in Call program 2) Technology Program 5 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Determination of Tree Hearing- 497 Concord Avenue PRESENTER: ITEM Chris Filadoro, Supt. of Public NUMBER: Grounds/Tree Warden& Dave Pinsonneault, Director of Public L8 Works SUMMARY: This is a continuation of the public hearing, 1 have asked our Town staff involved in this issue to submit comments which have been compiled in the attached memo. SUGGESTED MOTION: Move to authorize the removal of the non-hazardous public shade tree at 497 Concord Avenue, with the property owner paying $16,800 for the value of the tree. or: Move to deny the removal of the tree at the Cotting School located at 497 Concord Avenue. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 8:25pm ATTACHMENTS: Description Type D Fown Manager&StafR burnomts&,Rucomiwmlation Covel mclm) D vex.,,Warden Cover MenlK) D Free(bunklee Rccanuutawndation 0%cr Moun D Cotth g School lL.Atcr Gwer Mew D Resident llei fion Cover Menv D FwQ Bylaw Cover Imerm) D Cm ng O fcO er 6/2.9 ("over mcnx) D ktsk Cover Menu D VAI LefWr CA)%,Cr Menu D VM lj,,,tter Nov 2M9 Cover Win) D MOTuo lEnmunl on Easement (APl'OT'MCM0 cos Town of Lexington �"A Town Manager's Office APIM W1 James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy,Town Manager DATE: June 25,2020 RE: 497 Concord Avenue Tree Hearing As per a discussion with the Board Chair,please find comments from our Town staff below,which are in addition to other comments received by the Tree Warden and Tree Committee. I have provided my recommendation at the conclusion of this memorandum. Attached are comments from the Planning Director. From Town Counsel: This situation raises an interesting interplay between the Town's duty to maintain public ways and the limitations on Town liability when it acts as a permit granting authority. Ultimately,I think the Town could be found liable for allowing the tree to obstruct sight lines,but it cannot be found liable simply for withholding permission to cut down the tree. In addition,a claim against the Town would be a tort claim and most likely subject to the$100,000 cap under the Tort Claims Act,G.L. c.258 and may even be subject to the much smaller cap on liability arising out of a defect in a public way of$5,000. Note for the purposes of this analysis that I am assuming,not concluding,that a court would find the presence of the tree is in fact causing an inability to view the roadway and is the cause of an injury. As you know,the Tort Claims Act,partially waives sovereign immunity,allowing an individual to bring tort claims against the Town subject to a number of exceptions in§ 10 of the Act. These exceptions include § 10(e): "any claim based upon the issuance,denial, suspension or revocation or failure or refusal to issue,deny, suspend or revoke any permit,license,certificate,approval,order or similar authorization." In a case concerning a firearms permit,the Appeals Court held that the term"based upon"must be read broadly to encompass any claim rooted in the types of events listed in§ 10(e),which would include claims rooted in denial of a permit. Smith v. Registrar of Motor Vehicles 66 Mass. App. Ct. 31,332006). See also Andrade v. City of Somerville,92 Mass.App. Ct.425,428-429 (2017)(Section 10(e)barred claims for damages flowing from decision to revoke firearms license). Another case involving the issuance of a work permit which led to significant property damage to neighbors holds that the"language of§ 10(e)is plain and unambiguous"and exempts recovery for any claims in the named circumstances of the provision. Morissey v.New England Deaconess Assn Abundant Life Communities,458 Mass. 580,592-593 (2010). Accordingly,a claim that the Town's failure to allow the Cotting School to cut the tree caused injury is very likely barred under§ 10(e)as well. But,a claim that the Town's duty to maintain the public way required it to take action to remove the tree,if it indeed interferes with safe travel,is more likely to survive. In Twomey v. Commonwealth,444 Mass. 58 (2005),the Commonwealth argued it was exempt from liability under§ 10(f)of the Tort Claims Act(barring claims arising out of a failure to inspect)where the plaintiffs' son was killed because he could not see a stop sign obscured by a public shade tree. The SJC rejected that argument, stating that§ 10(f)"does not preclude claims,as here,arising from the Commonwealth's negligent maintenance of its own property,even though that maintenance may include inspection." Id. at 64. By analogy,a court could find that the Town cannot rely on the exemption for liability based upon permitting decisions under§ 10(e)to exempt the Town from liability to undertake a duty to maintain the public way pursuant to G.L.c. 84, § 15. Even if the Town is found liable however,the nature of the claim would be considered either a claim for a defect in a public way(and subject to the$5,000 cap in G.L. c. 84, § 15)or,at most, a claim of common law negligence,which sounds in 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 tort,and is subject to the$100,000 liability cap under the Tort claims act. See Twomey,444 Mass.at 64. And,in both cases,the claim,as a tort claim,would likely be covered by the Town's liability insurance policy. Fire Chief: The Fire Department's only concern is the ability to gain access onto the property with our apparatus.We are open to any idea as long as we can have proper access to the property.I agree with Chief Corr that we would defer to the engineers involved in the project for how that would work and sight line issues would be addressed. Police Chief: Poor sight lines given the speed limit on Concord Avenue(35 MPH)should be avoided. We dealt with something similar at Estabrook School when a large hump in the road had to be shaved down considerably to improve sight lines. A large tree can cause a similar problem. 1 will defer to Engineering/Planning on specific distances required and alternatives for the site. If this is an exit for the school vans or other transportation for the disabled community,the tree must not be even a minor safety hazard. Town Manager's Recommendation: While I understand the neighbor's concerns related to protecting the oak tree,my recommended action to the Board is based on being less compelled that the tree should be saved for aesthetic or environmental reasons than the concern that the children and families that will utilize this exit will be able to do so as safely as possible. My recommendation is to approve the request to remove the tree and for the Cotting School to be assessed the mitigation recommended by the DPW at $16,800. Amanda Loomis, Planning Director Sheila Page, Assistant Director w TOWN OF LEXINGTON Molly Belanger, Planner f r'' Lori I<aufman, Office Assistant aPRIL PLANNING OFFICE To: Jim Malloy, Town Manager From: Amanda Loomis,Planning Director Sheila Page,Assistant Planning Director Cc: Carol Kowalski,Assistant Town Manager Re: Cotting School Site Plan Approval for 497 Concord Avenue Driveway Date: June 26,2020 In August 2019, Cotting School applied for a Limited Site Plan Review under the new Zoning By-law Section 9.5.6 as a Dover educational use to build a 25,355 square-foot athletic facility addition. Per Lexington's Zoning By-laws and state statute review(M.G.L. c. 40A, Section 3) is limited to: bulk and height of structures;yard sizes and setbacks; lot area; open space;parking; stormwater and lighting relative to the parking lot, and building coverage. The Planning Board held five public hearings in the fall of 2019. Since the new addition increases the required parking. The Cutting School proposed to use the parking lot accessed via the 497 Concord Avenue driveway to meet their parking needs. At the hearings, abutters repeatedly raised concerns of safety; citing traffic, speed, frequent cyclists,parking and livery vans queuing along Concord Avenue. A particular concern was the inadequate intersection offset between the existing 497 Concord Avenue driveway and Barberry Road. A 120-foot offset between roadway intersections is required by Lexington's Subdivision Regulations. The existing 497 Concord Avenue driveway is 37.5 feet from Barberry Road. The driveway is not a subdivision road. However,this driveway will provide access to 35 parking spaces so there is a strong interest to make the intersection safe. The Planning Board and staff have their own concerns and at the request of the neighbors asked Cotting School to conduct a comprehensive parking and circulation study. Vanasse and Associates conducted the study and recommended several actions to improve traffic and safety. All of the recommendations within the Planning Board's jurisdiction are proposed to be implemented. One of which was to remove the large oak tree to provide adequate sight distance at the 497 Concord Avenue driveway. This oak tree sits in the middle of the parcel's 50-foot frontage. The Planning Board required that the driveway be widened to 20 feet with a 22-foot wide apron and that the tree be removed. The Planning Board, cognizant that the public shade tree's removal lies within the Select Board's jurisdiction, said in their decision: The large oak tree located at the entrance to 497 Concord Avenue shall be removed, after consultation with Lexington Tree Warden, to accommodate the required 20 foot wide driveway. If the result of this process is that the tree may not be removed, the Applicant must return to the Planning Board for approval of another viable option to ensure the safety ofpedestrians and vehicles entering and exiting that driveway. Amanda Loomis, Planning Director - f� Sheila Page, Assistant Director w TOWN OF LEXINGTON Molly Belanger, Planner f r'' Lori Kaufman, Office Assistant aPRIL PLANNING OFFICE At the tree hearing held this spring,neighbors objected to the removal of the tree and the determination of the removal is with the Select Board. The Select Board asked the parties involved to negotiate an agreement. At the May 26,2020, on-site meeting,the parties present discussed shifting the driveway over to approximately 18 inches off the property line.A small retaining wall would be needed. This scenario exceeds the five-foot driveway set back required by zoning. This layout maintains the large oak tree,but removes three smaller trees (Norway Maples). The Cotting School traffic engineer stated that this layout does not meet American Association of State Highway and Transportation Officials (AASHTO) standards for sight lines into and out of the site from/looking east which is a liability that the Cotting School and its consultants are not willing to absorb as this layout is not safe for vehicles or for the vast amount of bikers that use Concord Avenue. It was then decided that the large oak tree needed to be removed to ensure proper sight lines but the drive would be shifted over to preserve the three smaller trees that had been slated for removal in the original plan. Because this shift required a minor modification to the site plan approval,the applicant went to the Planning Board on June 10, 2020 for a minor modification to shift the driveway. After a lengthy discussion between the Planning Board and Cotting School (Megan Buczynski present representing Cotting), Cotting School withdrew their application. One Board member questioned why a native oak was being removed,while invasive Norway Maples were being saved. The Planning Board while interested in saving trees did not want to vote prior to the Select Board's action. A second on-site meeting was held on June 4,2020 the parties discussed the possibility of obtaining an easement from the neighbor at 501 Concord Avenue so that the driveway is shifted over enough to obtain the proper sightlines. This requires a substantial easement from the 501 neighbor and may compromise the sight lines from the other direction(west) as the driveway would be shifted towards the slight rise in the road. This shift would require a traffic engineer's analysis. Given that every situation is somewhat subjective as to the vehicle and driver,traffic engineers rely on AASHTO standards for guidance. Due to different situations relative to road and driver conditions not every AASHTO standard can always be met,but engineers do work to make the situation as safe as possible. AASHTO standard say that "The vertex (decision point) of the departure sight triangle on the minor road should be 4.4 m[14.5 ftj from the edge of the major-road traveled way." The large oak tree blocks this sight line. There have been discussions of reducing this distance down to 12 feet(with an easement on the neighbor's property)which would enable a driver to see past the tree. Because this is less than ideal on a street that neighbors have called dangerous,this reduction should be endorsed by a traffic engineer. The Planning Office has not heard this idea endorsed by a traffic engineer. '35 MO 1775 Town of Lexington y!" Department of Public Works aeaoi O" Public Grounds � hJN„Cl. Christopher Filadoro Superintendent Tel: (781)274-8300 Fax: (781)274-8385 MEMORANDUM TO: James Malloy, Town Manager for the Town of Lexington FROM: Christopher P Filadoro, Public Grounds Superintendent/Tree Warden RE: Determination on the Tree Hearing for Street Tree at 497 Concord Ave. DATE: May 29, 2020 Jim, On May 27, 2020 I met on site with the representatives from the Cotting School, the engineer whom did the traffic study, Town Engineering staff, Planning staff,board members from the Tree Committee who each had an objection, and members from the neighborhood who had objections as well. We discussed in length the three options listed below: • Option 1: Original proposal that was approved by the Planning Board which is to remove the 42" oak tree, excavate the area for proper base layers in preparation for asphalt. The Town would seek mitigation for this tree. This scenario lead to the Tree Hearing as per Chapter 87 as a request to remove the oak tree. This would allow for emergency access and improve the sightline. • Option 2: The 42" oak tree would stay in place, a retaining wall would be constructed on the west side of the property line in order to shift the entrance over far enough to achieve the 20' width for emergency access. This would also require a few more trees to be removed. A certified arborist concurred with our idea to perform an air spade excavation off the root system so that the new base layers can be installed in preparation for asphalt along with increasing the grade elevations to protect the roots. This process along with a two year maintenance plan to monitor and also inject root enhancement products if needed to make sure the tree suffers minimal to no damage. The main issue that we still have is that the sight line issue the traffic study outlined in his study and the tree could be compromised. • Option 3: Remove the 42" oak tree to open up the site line issue, save as many trees on the west side of the driveway, and use either the Lexington Tree Bylaw mitigation outline to determine the replanting for the school to provide or use the appraised value to determine the replanting or amount of funds to be deposited into the Lexington Tree Fund. 201 BEDFORD STREET•LEXINGTON,MASSACHUSETTS 02420 The Cotting School has had an appraisal on the 42" oak tree, this appraisal came back at $39,850. The appraisal was perfonned by Matt Foti, I will attach the appraisal to this memo as well. The tree bylaw would mandate that either the 42" be replanted by 14- 3" trees which species would be recommended from the Lexington Tree Manual planting list, or pay a mitigation fee of $8,400. 1 will also attach a memo from our last Tree Hearing which shows how we referenced the Lexington Tree Bylaw Mitigation Rules and had the contractor plant them himself along with working with myself to identify planting locations. Please contact me with any questions or concerns, Christopher P. Filadoro Cc. David Pinsonneault, Public Works Director Marc Valenti, Manager of Operations June 10, 2020 Select Board, Town Of Lexington Lexington Town Office Building, 1625 Massachusetts Avenue, Lexington, MA 02420 Dear Select Board, Thank you to the Board, the Town Manager, and Town staff for the time spent on this issue. The Lexington Tree Committee met on June 10, 2020 and, by a vote of 6-0, voted in favor of the following statement: "The Lexington Tree Committee recommends consideration of all possible options that will allow the 42" Oak tree at 497 Concord Ave. to remain, and recommends due diligence in protecting the tree during construction if the tree is to be saved. If, ultimately, approval is given for the removal of the tree, we recommend that the appraised value of the tree be paid to the Town for deposit in the Lexington Tree Fund for allowing removal of the tree. The fair market of$39,850 has been determined by the attached tree appraisal dated June 1, 2020 by Matthew Foti, a certified arborist and appraiser using an industry standard method." Representative of the many municipalities using this standard are: Barnstable MA, Sandwich MA, New York City, Marietta GA, Seattle WA, Austin TX, and Providence RI. In the past, because we were unaware of this standard, other approaches were used, on an ad hoc basis, to inform required payments/plantings. Now that we have a fair value appraisal, we do not see it in the Town's best interest to apply guidelines that are acknowledged to be inapplicable for a Town owned tree and that significantly undervalue the tree. Respectfully, Gerry Paul, Chair Lexington Tree Committee Matthew R. Foti Landscape Design & Construction, Inc. 30 Fairbanks Road Lexington, MA 02421 781-862-1010 www.fotilandscape.com Fax: 978-670-2140 Email: matt@fotilandscape.com Email: alice@fotilandscape.com June 1, 2020 Megan Buczynski, P.E., LEER AP Activitas, Inc. 70 Milton Street Dedham, MA 02026 Dear Megan, Per your request l have determined a monetary value for the 1, 42" DBH Quercus Bicolor (swamp white oak) located within the Town of Lexington right of way directly adjacent to 497 Concord Avenue, Lexington, MA. It is my professional opinion that $39,850,00 is a fair value for the above mentioned tree. I used the Reproduction Method with the trunk formula technique to arrive at this value because this is the method most commonly used for trees greater than 10" DBH (or largest available replacement size). The base value for a 100% specimen oak of this size is $87,255.00 but I allowed for depreciation relative to this tree's current condition including health, structure and form. Further depreciation was applied due to functional limitations as the tree competes with adjacent trees and external limitations that include pruning for both power lines and road clearance over the life of this tree. Information gathered to complete this appraisal was obtained from the most current "Guide for Plant Appraisal", 1 Oth edition June 2019 as sanctioned by the Council of Tree and Landscape Appraisers, American Society of Consulting Arborists, and International Society of Arboriculture. If you have any further questions please do not hesitate to call me. S1 Matthew R. Foti Massachusetts Certified Arborist#1278 Registered Consulting Arborist#695 Qualified Plant Appraiser 'fN, w -"q9,5 � . .. d A Tradition of Innovation and Excellence Since 1893 453 Concord Avenue • Lexington,MA 02421 • 781 862-7323 •www.cotting.org June 15, 2020 Dear Lexington Select Board, Thank you for taking time, especially during this period with so many complex issues to consider, to hear the concerns about the tree at 497 Concord Avenue. Cotting School has taken the opportunity to meet with concerned neighbors and representatives of the Tree Commission, as well as representatives from the Planning and Engineering Departments and a member of the Planning Board. The Tree Warden was helpful in gathering us together on two occasions to look closely at alternatives in hope that we could come to a resolution. We believe, in the proposal attached from our consultant Activitas, we present to you the best alternative that considers the safety, ecological, regulatory and financial interests of all of the represented parties. Because the tree impacts sight lines and access to fire apparatus, we are furthering our application to remove the tree and reaffirm our commitment to mitigate the removal of the tree through a contribution to the town tree fund or compensatory plantings. We did offer alternatives to our original plan, referenced above, after listening carefully to our neighbors and others who sought input. We have explored every option for access on our property and are presenting you with a plan that meets all regulatory requirements and is the most responsible plan in the opinion of the engineering experts we engaged. We have been willing to work with our neighbors throughout this process, including: paying for evergreen screening for a neighbor across the street, improving screening with 91 evergreens along the driveway to our property, limiting lighting disturbance as much as allowed, and working with the town on a crosswalk and other speed mitigation issues that affect our community along Concord Avenue. Despite our meetings and revised work, the neighbors are unwavering in their position. They offer a partially formed alternative that includes requiring Cotting School to obtain an easement from an abutter. This abutter has not been present at any meeting nor have they offered anything in writing to the school to demonstrate a willingness to participate in this plan. These plans have not been developed by a civil engineer nor reviewed by a traffic engineer. Furthermore, while this plan saves the tree, it creates new sight line and safety concerns and unnecessarily delays the School's work. We would like to remind the Select Board and members of the community that we did not ask to remove the tree. We asked to have access to our property. Safety concerns raised by the Fire Department and our neighbors during the Limited Site Plan Review created a condition whereby we needed to remove the tree to create adequate sight lines and access for fire apparatus. Therefore, we request an approval to remove the tree at 497 Concord Ave to allow us to proceed with our building and landscaping project. We understand we will need to compensate the town for permission to remove the tree. However, in arriving at a dollar figure for this mitigation, we are asking the Select Board to consider Cotting School's mission and financial burden during this unusual time in our history. Cotting School serves students with moderate to severe special needs. Recognizing the importance of our school community and consistency in the lives of our students and their families, we began remote learning immediately after our Medical Director recommended closure. Today we are keeping staff employed and students engaged by offering 350 live lessons, as well as countless recorded offerings and posted activities. Given the extensive needs of our students, we are being asked to return to school as early as July if we can do so safely. With that re-opening comes substantial additional expenses in PPE, staffing considerations and facilities alterations to accommodate safe school protocols. Cotting has been a part of the Lexington community serving students with moderate to severe special needs since 1987. We are the second largest employer in town and have educated a significant number of students from town. There are currently 5 young Lexington residents who are Cotting Falcons and a number of Lexington residents in our employ. We are also, both as individuals and as a school, loyal patrons of a number of other Lexington businesses, such as Via Lago, Wagon Wheel, Wilson Farms, Panera and Nellio's. We feel fortunate that we have been able to continue our school construction project during this time because of generous donor support and the ability to use our quiet campus in a positive way. These new facilities will be invaluable to our students and school community as we come back together, both in the short- and long-term life of our school. Thank you for your consideration, David Manzo President ACTIVITAS andscape architecture civil engineering MEMORANDUM Subject: Lexington Select Board Meeting re: Tree Removal Project: The Cotting School Athletic Addition Project No. 18005.00 Date: 14 June 2020 To: Mr. Doug Lucente By: Megan Buczynski, PE Select Board Chair Principal Town of Lexington Delivery: via hand delivery .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Dear Mr. Lucente, As requested by the Lexington Select Board, Cotting's design professionals looked further into potential ways to save the 42" Oak tree at the 497 Concord Avenue entrance drive while allowing for the Fire Department and Cotting personnel/visitors to have safe access to and from the properties at 489 and 497 Concord Avenue which support the main campus. Cotting School and their representatives met with the various parties requested by the Select Board on Wednesday, May 27th and Thursday, June 4th to discuss the 42" Oak Tree, and met with Planning Board on June 1 Oth to discuss the potential for a minor change to the plan reflected in Option 3 that is discussed below. At the meeting on May 271h, Meg Buczynski from Activitas presented three options. Option 1 was the original layout approved by the Planning Board during the Limited Site Plan Review process. Option 2 shifted the driveway west to maintain the 42" Oak tree. Option 3 shifted the driveway east to save additional trees along the western edge of the drive, but still removed the 42" Oak tree. The memorandum provided on 5/27/2020 is attached and explains the three (3) options in more depth. To summarize, Option 2 (saving the 42" tree) is not viable because the sight line layout does not meet the American Association of State Highways Traffic Officials (AASHTO) standard for sight line distances which is measured 14.5' back from the shoulder line. At this position a driver is looking directly at the tree. Giles Ham of Vanasse Associates, traffic engineer, further explained this issue and the 5/27 Meeting Notes email provide more information. In addition Vanasse issued a memo regarding the AASHTO standards. Cotting nor their representatives are willing to take on the liability of not following the AASHTO standard. Option 3 removes the tree in order to meet the AASHTO standard, but attempts to keep other trees that would have needed to be removed to maintain more of the existing tree canopy despite removing the 42" Oak tree. aci d ,i,. rna 1 1 I ii p"77 r �P�ca 1.1 f'I"� Following the meeting on May 27th, Ms. Sharon Cerny and Mr. Bob Rutberg discussed the options with other objecting parties in the neighborhood. Per the on-site meeting on June 4th, Ms. Cerny stated that the neighbors are only interested in saving the tree and are not willing to accept a mitigation negotiation to remove their objections. A meeting was held on-site on Thursday, June 4th to review any additional information to date as well as bring Mr. Mark Sandeen up-to-date with the process. Ms. Cerny asked if a fourth option could be provided that moved the drive slightly more into the neighbors property requiring an easement to allow for a rock wall. However, as discussed this would not allow the drive to meet sight lines with the tree still in place. Following the meeting, Vanasse Associates (traffic engineer) reviewed how far over onto the neighboring property a car would need to be in order to have appropriate sight lines meeting AASHTO standards. Vanasse has shown in the attached Stop Site Distance diagram that in order to maintain the appropriate sight lines around the tree, a 20' wide easement onto the neighboring property would be needed, which for exceeds the potential easement parameters that the neighbor provided via email to the Select Board. In addition, this layout pushes the drive further west which is undesirable from the sight distances associated with the hill to the west. An important part of the discussion during the May 27th meeting was around potential mitigation for removal of the tree. The Tree Committee Chair, Mr. Gerald Paul, stated that he would like the Tree Committee to begin using valuation of a tree to establish mitigation for public trees. This differs greatly from precedent already set in town, most recently with the Grove Street Development project, that utilized mitigation in line with the Section 120-8.0 Mitigation of the Lexington Tree Bylaw for the removal of public trees on that project. Our understanding of tree valuations is that they are typically used in litigation proceedings when a tree is wrongly cut or damaged on private property, not in matters under extensive review as this project has been or in matters where 1/1 Oth of a tree is falling over the property line onto pubic property. As noted previously, this removal falls under MGL Chapter 87 which makes no mention of tree valuation to be used for mitigation and in fact only mentions a fine of$500 if a public tree is removed without consent of the Tree Warden and/or Select Board (MGL, Chapter 87, Section 6). As such Cotting finds the use of valuation most unreasonable and unjustifiable in this situation. If this 42" tree was 4" back from its current position it would fall under the Tree Bylaw only, not Chapter 87. In consideration of this fact and the precedent set of using mitigation from the Tree Bylaw for the Grove Street Development project, the following are the calculations of what the removal mitigation would be: Calculation of Replacement Inches = 2 x inches removed = 2 x 42 inches = 84 inches. a :1i d ,j 4rm 0 i1 Hi :I rI "`Vr' ,;r1 I "c'dPi JnI, PIT' d1 10i 026 , "w1;', ,HI1 � a ',:'6 0 0 i.vl;;iu Ifti_ Hcaifn4 of I Mitigation Option 1 - Replanting of Trees (S 120-8.0 (1) (a) 1" of Caliper x Replacement Inches = 84" (tree caliper can vary so # trees vary) or (b) 'A" Caliper x Replacement Inches x 1 Tree /3" caliper= (14) 3" Trees (trees must be from Recommended Large Shade Trees list of the Lexington Tree Manual) Mitigation Option 2-Contribution to Tree Fund (S 120-8.0 (2)) $100 x Replacement Inches = $8,400 As requested by the Tree Warden and the objectors, Cotting did request and receive a valuation from Matthew R. Foti, Landscape Design & Construction that valued the tree at $39,850.00 using the Guide for Plant Appraisal, 1 oth Ed. June 2019 as sanctioned by the Council of Tree and Landscape Appraisers, American Society of Consulting Arborists and International Society of Architecture. This differs significantly from the mitigation that is included in the Tree Bylaw which seems to make sense in consideration that valuation is typically used in litigation matters. Unlike developers, the Cotting School is not in the business of construction or profiting monetarily from construction. The Cotting School is a non-profit school providing outstanding and necessary services to children with special needs, an underserved population in our state. As such, it is Cotting's desire to make the contribution to the Tree Fund in line with the Tree Bylaw mitigation for protected trees as opposed to being in charge of planting trees around the Town. The contribution as calculated above would be $8,400. The Cotting School did present to the Planning Board on Wednesday, June loth for a Minor Plan Change to reflect the previously presented Option 3. Cotting had hoped this minor change would provide a more favorable layout by saving additional tree canopy to the west of the drive. However, this plan was met with resistance and members pointed out that the trees that would be saved in this revised option were invasive and less than desirable to save. Following further discussion, Cotting withdrew its application for consideration. Closing We hope this information provides the Select Board with the information needed to vote for the removal of the tree in question and determine appropriate mitigation. The Cotting School has done everything that has been asked of it in this process, has spent considerable time and money in meeting with Town officials and neighbors working on and considering the various options, and believes strongly that the original drive option that was accepted by the Planning oc: 1 1d ,j 4rm 0 N1i& ;I rI S r, (;r1 I "c'dII JnI, &, 'I�, o IIfI-� d1",, 1 0 026 )"dI1 ', HI � a ',:'6�10 I Acn 'r rI)JI.IfI'I 11..lu i" '��'f ioR:hu Ire �,� .�uir'1<�"I of II. Board in their Decision is the safest and most reasonable layout for this drive. We strongly believe that it is time to bring this matter to conclusion so that Cotting can proceed with its project. If you have any questions please do not hesitate to contact me directly at (781) 355-7040 or by email at meb@activitas.com. Respectfully, T III V I TAS Megan//Y4,-6v�rAlm: Buczynski, PE Principal H attachments: 5/27/2020 Meeting Notes Matthew R. Foti Tree Valuation Vanasse Associates letter dated May 26, 2020 Vanasse Associates Stop Sight Distance Diagram Cl �dli&V r,r`1 SVr- ,;r1 I I" �,cJP ar'1'1, &a 7 o P I U, d1", 1 0 026 91 6C10 From: Christopher Filadoro cfiladoro@lexingtonma.gov Subject: FW:Cotting Tree Meeting Notes Date: June 1,2020 at 10:35 AM To: gerryp@bu.edu, gjbloom@rcn.com, Sharon Cerny smcerny@aol.com, Mark Sandeen msandeen@lexingtonma.gov Cc: Ross Morrow rmorrow@lexingtonma.gov, meb@activitas.com, Sheila Page spage@lexingtonma.gov Good morning All, Below is the forwarded notes from Meg on the meeting last week. Also we are anticipating the appraisal sometime tomorrow to share with you all, you should be able to read it before our meeting Thursday morning, Thanks, Chris From: Megan Buczynski [mailto:meb@activitas.com] Sent: Friday, May 29, 2020 5:29 PM To: Christopher Filadoro<cfiladoro@lexingtonma.gov> Subject: Cotting Tree Meeting Notes Chris -please find below my notes from the Tree Meeting on Wednesday 5/27. Please consider these a draft for your review and adjust as you think necessary. Thank you. Attendees Gerry Paul - Tree Committee Gloria Bloom - Tree Committee Sharon Cerny -Neighbor Bob Rotberg -Neighbor Chris Filadoro - LExington Tree Warden Ross Morrow - Lexington Engineering Sheila Page - Lexington Planning Dept. Charles Hornig -Planning Board Dave Manzo - Cotting School Bridget Irish - Cotting School Giles Ham - Vanasse Associates (Traffic Engineer) Meg Buczynski - Activitas On-site Meeting at 497 Concord Avenue at 9am on Wednesday, May 27, 2020 The following is a summary of the discussion at the tree meeting. - Chris Filadoro kicked off the meeting with introductions and a brief overview of why all were in attendance. The 42" oak tree is 4" onto Town property (the rest is on Cotting Property) and therefore is a Public Shade Tree which falls under MGL Chapter 87. - Meg Buczynski went through the history of the reviews already completed which included the Limited Site Plan Review process through the Planning Board which issued a Decision to approve the renovated driveway to support the existing houses and parking area. This was reviewed heavily by all departments including the Fire Department who requires a 20' drive there so their equipment can appropriately enter the site. Meg noted and Sheila Page and Charles Hornig confirmed that the parking spaces are important to the LSPR process to meet the parking requirements for the 2vmnasium Droiect. - Meg went on to explain the 42" tree is a vehicle site line issue into and out of the site. This was determined as part of the Traffic Study that was completed and accepted by the Planning Board under the Limited Site Plan Review process. It was also noted during the meeting that in addition to vehicles traveling along Concord Ave, there are a lot of bikers along Concord Ave, and the tree is certainly a site line issue for seeing bikers properly. - Chris noted that Matt Foti had been to the site to review the tree. Matt noted that the tree was in decent condition with special construction considerations can likely withstand excavation around the tree. Matt was also looking into the valuation of the tree. - Giles Ham of Vanasse Associates, went on to explain that the MassDOT/AASHTO standard for measured site lines is 14.5'back from the shoulder line of the road. Sharon Cerny questioned this noting she had heard that it was taken from the middle of the road, but Ross Morrow discussed that the distance changes when taken from the middle of the road and the final spot is the same in either instance. Giles went onto explain that his company is often an expert witness in court cases and the AASHTO regulations are what are held up in those cases. Ignoring that standard is a liability concern that Cotting, nor its consultants, are willing to take on. It was discussed that perhaps the Town should consult with their legal counsel to determine if the Town is willing to take on that liability of ignoring that standard and requiring the tree to stay. - There was back and forth discussion about other possible options. Meg explained the three options she brought to the site on the board. Option 1 was the layout reviewed and accepted by the Planning Board that removed the 42" tree, kept out of the setback line along the western property line, and removed trees along the western property line to fit the drive. Option 2 kept the 42"tree, moved the drive over into the setback line leaving 18" of space at the PL corner to allow for a small wall to make grades work, and removed quite a few trees along the western property line. Any further shift to the west of the drive would require construction (not just planting) in order to make grades and elevations at the site work on the neighbors property and is not something that Cotting is willing to consider. Option 3 was an attempt to compromise in order to keep more of the tree canopy by taking the drive from Option 1, shifting it east to save more of the trees along the west side. Cotting is currently working with Verizon to have the box on the pole raised which allows for that shift of the drive to the east. - Following back and forth about the options, there was general agreement that most likely the Town would not be willing to take on the liability of ignoring the AASHTO standards for site lines. As such the discussion turned to potential mitigation with the removal of the tree. - Gerry Paul noted that the numbers he originally stated during the Selectboard meeting may have been overstated,but would like to see a valuation of the tree. Meg noted that Matt Foti was working on a valuation. However, Chris noted that valuations have not been a standard or precedent in the Town and during the most recent Public Shade Tree hearing which was for the Grove Street development, Chris noted that the mitigation for Public Shade Trees was consistent with mitigation in the Tree Bylaw in regards to protected trees and the Developer of that project replanted trees to meet the bylaw requirements. - The discussion moved to whether or not a donation to the tree fund consistent with the mitigation outlined in the Tree Bylaw was most appropriate. Gerry noted that he was concerned that money would go into the fund, but it would take a long time for trees to actually be planted. He also noted that he has a preference to start using valuations for public tree mitigation. Chris noted that this is not consistent with what has been required in the past. Each noted that further conversation between themselves is warranted about that topic. Meg noted that Cotting's preference would be to donate to the tree fund in line with Tree Bylaw mitigation for protected trees and that a change in precedent does not seem appropriate in consideration of how far along all these processes with the Town have already gone and that valuation is not noted anywhere within the MGL Chapter 87 or the Tree Bylaw. - Sharon Cerny asked about locations of potential replanting. Chris noted that replanting can be in front of a person's house or within 20' of the sidewalk into a person's property with their permission of course. Ross did note that when the sidewalk project was going on the Engineering Department struggled to find home owners who wanted trees planted on their property. Sharon noted that she tried, but that things got caught up with rhododendron species selection. Sharon asked if trees could be planted in the general location of the 42" oak. Chris noted that when they replant they try to do it in spots that are not heavily canopied as the area at 497 Concord Ave currently is. It likely doesn't make sense to replant in that location, but if there are spots there that are out of the site lines, then that is certainly a possibility. - Further discussioniback and forth ensued about the various options and potential mitigation, but no final recommendations or compromises were made. Gerry and Sharon noted that would go back to the neighbors/people who filed objections to the tree removal about the discussion and options presented. - It was discussed that another meeting/conference call is warranted to discuss results of the conversation with objectors. A date and time has not been set. Megan Buczynski, P.E., LEED AP Principal Civil Engineer I Activitas Inc. 70 Milton Street Dedham, Massachusetts 02026-4310 (d) (781 ) 355-7040 (o) (781 ) 326-2600 (m)(781 ) 375-8663 (e) meb@activitas.com (w) www.octivitas.com Matthew R. Foti Landscape Design & Construction, Inc. 30 Fairbanks Road Lexington, MA 02421 781-862-1010 www.fotilandscape.com Fax: 978-670-2140 Email: matt@fotilandscape.com Email: alice@fotilandscape.com June 1, 2020 Megan Buczynski, P.E., LEER AP Activitas, Inc. 70 Milton Street Dedham, MA 02026 Dear Megan, Per your request l have determined a monetary value for the 1, 42" DBH Quercus Bicolor (swamp white oak) located within the Town of Lexington right of way directly adjacent to 497 Concord Avenue, Lexington, MA. It is my professional opinion that $39,850,00 is a fair value for the above mentioned tree. I used the Reproduction Method with the trunk formula technique to arrive at this value because this is the method most commonly used for trees greater than 10" DBH (or largest available replacement size). The base value for a 100% specimen oak of this size is $87,255.00 but I allowed for depreciation relative to this tree's current condition including health, structure and form. Further depreciation was applied due to functional limitations as the tree competes with adjacent trees and external limitations that include pruning for both power lines and road clearance over the life of this tree. Information gathered to complete this appraisal was obtained from the most current "Guide for Plant Appraisal", 1 Oth edition June 2019 as sanctioned by the Council of Tree and Landscape Appraisers, American Society of Consulting Arborists, and International Society of Arboriculture. If you have any further questions please do not hesitate to call me. S1 Matthew R. Foti Massachusetts Certified Arborist#1278 Registered Consulting Arborist#695 Qualified Plant Appraiser MEMORANDUM TO: Ms. Bridget Irish FROM: Mr. F. Giles Ham,P.E. , Cotting School Vanasse&Associates,Inc. 453 Concord Avenue 35 New England Business Center Drive Lexington,MA 02421 Suite 140 Andover,MA 01810-1066 (978)474-8800 DATE: May 26,2020 RE: 8456 SUBJECT: Sight distance measurements at the 489 Concord Avenue driveway Cotting School Lexington,Massachusetts As requested, Vanasse&Associates,Inc. (VAI)has evaluated the sight distance measurements and safety considerations at the 489 Concord Avenue driveway as it relates to the existing 42-inch tree to the east of the driveway. On Thursday May 21, 2020 VAI staff met with Megan Buczynsk from Activitas Inc. at the proposed driveway to review our initial recommendation to remove the tree. Sight distance measurements were reviewed at the proposed driveway to the new parking lot with Concord Avenue in accordance with MassDOT and American Association of State Highway and Transportation Officials (AASHTO)' standards. As presented in the November 2019 Traffic Circulation, Access and Parking Study memorandum, in order to obtain adequate sight lines to the east the existing 42-inch tree was recommended to be removed. According to the AASHTO design manual (See Attached), the departure sight distance on the minor road is measured from 14.5 ft from the edge of the major road traveled way. This represents the typical position of the minor-road driver's eye when a vehicle is stopped to exit onto the major road. At our May 21,2020 field investigation, it was confirmed that the existing tree is in the direct line of sight (See Attached), blocking the required sight distance. Based upon our review of existing conditions, it is our professional opinion and recommendation that in order to provide a safe intersection design the large tree to the east of the driveway and within the right-of- way should be removed to obtain adequate sight lines to the east. It is further noted that the electrical box on the telephone pole should be raised by 5-feet to improve sight lines(See Attached). VAI is not willing to take on any liability associated with substandard sight distances which result with the tree in its current location. 'A Policy on Geometric Design of Highway and Streets, 6"Edition; American Association of State Highway and Transportation Officials(AASHTO);2011. G:A8456 Lexington,MAAMcmnsA2-Bridget Irish 52620.do x 1 APPENDIX AASHTO STANDARDS FIELD INVESTIGATION PICTURES AASHTO STANDARDS Snnnnnni �ry i�lll" ��� i A Policy on eome mF u � \' Desig � � � �� � � � �ur�;11111ii�i�i� � `IYghways � . �< � ; ,, and S tS �,' � , ; 2� 11 �'�r'. scn �d��c;o� � t. v " ate � ii s � " iill'� ili+5.' "iV E: ri e � �� r 9-36 A Policy on Geometric Design of Highways and Streets very unlikely another potentially conflicting vehicle will be encountered as the first vehicle departs the intersection. Case B—Intersections with Stop Control on the Minor Road Departure sight triangles for intersections with stop control on the minor road should be considered for three situations: • Case Bl—Left turns from the minor road; • Case 132—Right turns from the minor road;and • Case 133—Crossing the major road from a minor-road approach. Intersection sight distance criteria for stop-controlled intersections are longer than stopping sight distance to allow the intersection to operate smoothly. Minor-road vehicle operators can wait until they can pro- ceed safely without forcing a major-road vehicle to stop. Case B1—Left Turn from the Minor Road Departure sight triangles for traffic approaching from either the right or the left, like those shown in Figure 9-1513,should be provided for left turns from the minor road onto the major road for all stop-con- trolled approaches.The length of the leg of the departure sight triangle along the major road in both direc- tions,shown as distance b in Figure 9-1513,is the recommended intersection sight distance for Case Bl. The vertex(decision point)of the departure sight triangle on the minor road should be 4.4 in[14.5 ft]from the edge of the major-road traveled way. This represents the typical position of the minor-road driver's eye when a vehicle is stopped relatively close to the major road. Field observations of vehicle stopping positions found that,where needed, drivers will stop with the front of their vehicle 2.0 in [6.5 ft] or less from the edge of the major-road traveled way.Measurements of passenger cars indicate that the distance from the front of the vehicle to the driver's eye for the current U.S. passenger car population is nearly always 2.4 in [8 ft] or less (12). Where practical,it is desirable to increase the distance from the edge of the major-road traveled way to the vertex of the clear sight triangle from 4.4 in to 5.4 in [14.5 to 18 ft]. This increase allows 3.0 in[10 ft] from the edge of the major-road traveled way to the front of the stopped vehicle,providing a larger sight triangle.The length of the sight triangle along the minor road(distance a in Figure 9-1513)is the sum of the distance from the major road plus 1/2 lane width for vehicles approach- ing from the left,or 11/2 lane widths for vehicles approaching from the right. Field observations of the gaps in major-road traffic actually accepted by drivers turning onto the major road have shown that the values in Table 9-5 provide sufficient time for the minor-road vehicle to acceler- ate from a stop and complete a left turn without unduly interfering with major-road traffic operations.The time gap acceptance time does not vary with approach speed on the major road. Studies have indicated that a constant value of time gap,independent of approach speed, can be used as a basis for intersection sight distance determinations. Observations have also shown that major-road drivers will reduce their speed to some extent when minor-road vehicles turn onto the major road.Where the time gap acceptance values in Table 9-5 are used to determine the length of the leg of the departure sight triangle,most major- road drivers should not need to reduce speed to less than 70 percent of their initial speed(12). Chi 2011 by the American Association of State Highway and Transportation Officials. All rights reserved.Duplication is a violation of applicable law. FIELD INVESTIGATION PICTURES 14,5 Feet view from the edge of the major road traveled way. ry, i ,a ,.1, � �"�„., ..uwu,�o" ✓��u�� rUky/e„B'irFF (f/. „/„rr�,rl`il,�I��li �� %ia„�/� ��/�. Electrical box on the telephone pole to be raised by 5-feet . n� ,e 1 � // L i ,ww/l'r i y�//� i!r% � J f , i/ /,/�i�� l�p����/l l 11 �✓ ��r I O r ; / I� 1 lU 1 Z 1 i I o I o Q) E a 1 0 e I '1 I ti i 1' 1 I I I f I CZ t m C m U') o WV 02TV6 OZOZ/6/9'6np P-9Sb9\9Sb9\:d RECEIVED Dear Select Board Members, JU E 4, 2020 SELECT BOARD Thank for hearing the Neighborhood's concerns at your meeting on May 18t" and authorizing the formation of an advisory committee. Progress has been made, but we still need your help to save the Oak. The expanded neighborhood is united and passionate about saving the majestic oak. • The neighborhood objectors, previously at 35, have increased to 67, including 7 town meeting members. (Exhibit petitions). All signers are from precinct 3 and immediate abutters. The petition states our wish to save the Town tree at 497 Concord Avenue to preserve the residential character of the Concord Avenue neighborhood. Cotting argued previously that the 42 inch historic oak needed to be removed to widen the drive to provide a 20 ft 2-way drive to provide Fire truck access. Since then Cotting's engineer has presented an alternative Plan similar to what the_neighborhood had suggested. This new plan would save the tree and shift the drive to the west and relocate the boulder in the entrance to the drive. This new plan allows for adequate fire ladder truck access and saves the Oak. Mei Tuo at 501 Concord Avenue has agreed to give the town and/or Cotting an easement (attached) at the easternmost corner of their land giving more width at the entrance of the reconfigured drive. This allows a stone retaining wall to be built, rather than the block wall (proposed by Cotting due to narrowness at entrance of the drive with their property line) and increases visibility of sight line to the left. The sketch (attached) shows the new alignment that saves the tree. • Regarding sight lines,The 42" Oak on the east of the drive is located slightly over 10 ft. back from the curb and the telephone pole and box is located slightly over 4' back from the curb. This puts the driver exiting on the right side of the drive sufficiently in front of the tree not to have his/her view obstructed. This occurs at 12' back from the curb. Technically driveways are to have 14.5' sightlines from the curb, yet few driveways meet this requirement. • To further understand the set-back compliance issue, a survey was conduct of all public roads, commercial and school egresses (25) from Spring Street to the Belmont Line along Concord Avenue. The results of this study(Exhibit compliance) showed that only 36%of the intersections complied with the 14.5' set back requirement. Further the roads that did not meet compliance had visibility for sight-lines reduced to 12.5' -7.5' or an average of 9.5'.The new plan that saves the tree also has good sight-visibility at 12' and meets a higher standard than a majority the public road and commercial exits along Concord Ave, (even through it is only classified as a driveway by the Town). The petitioners and neighbors therefore respectfully request, as allowed for in the Limited Site Plan Review, that the Select Board save the 42" Oak and request that Cotting return to the planning board to agree to an alternative plan that saves the tree and still facilitates their road construction plans. Respectfully submitted on behalf of the above referenced neighbors, Sharon Cerny, June 4, 2020 RECEIVED Dear Select Board Members, SELECT BOARD 1 am willing to give the Town and/or Cotting an easement of a few feet at the eastern front corner of my property to allow the 42" Oak tree to be saved at 497 Concord Avenue. I understand that this will not affect my ownership and that the details will be discussed with me before any work commences. I request that the necessary work for the drive be done in a manner, to the greatest extent possible, that retains the natural beauty and harmony of this area, including the stone walls and trees on the left hand side of the drive. l would request that the new retaining wall at the corner be built out of existing stones and the large boulder currently blocking the drive be relocated at the corner of my property. Respectfully, Mei Tuo 501 Concord Ave RECEIVED JIJNE 15, 2020 Dear Select Board Members, SELECT BOARD In addition to my earlier materials, and the petition, I have learned that there is not a specific 14.5' sight-line visibility standard for driveways. I believe the 14.5' set-back refers to the MassDot/AASHTO standards for Roads. (The vertex(decision point) of the departure sight triangle on the minor road should be 14.5 ft(4.4 mj from the edge of the major-road traveled way.) The petitioners earlier had raised the issue that the proposed 497 Concord drive was dangerous as it did not have the proper offset with Barberry Road. AASHTO standards 6.8.2.1 for Spacing Between Public Street Intersections call for a minimum of 75'at 35-40 MPH (and higher at higher speeds) and the actual offset with Barberry Road is only 37.5.' This is a major reason why we felt the 33 additional parking spaces required for Cotting's expansion should be accommodated by Cotting expanding their western lot up to the 100' wetland boundary to accommodate these spaces on the main campus (an alternative plan was provided). However, the petitioners and abutters were told that the reason the AASHTO requirements for offset did not need to be met was that 497 Concord was NOT A ROAD (although 2 lanes, 20 feet wide with a stop sign) but IT WAS A DRIVEWAY. Now the AASHTO requirements for Roads is being applied to the DRIVEWAY, when the standard is for a ROAD, not a Driveway. ASSHTO discusses Driveways separately from Roads and has no specific requirement of a 14.5'set- back for driveway. I believe the AASHTO regulation that deals with this issue is section 9.11.6 Driveways The function of driveways is similar to that of public intersections. Driveways should be designed consistent with their intended use. It is desirable that they be designed and located to meet criteria for intersection sight distance and other design elements set forth in this chapter. However, where this is not practical, they should be located to provide the best reasonable sight distance and meet other design criteria to the extent practicable considering such factors as functional class, speed, and traffic volume of the roadway relative to the volume and type of vehicles using the driveway, as well as accessibility requirements for sidewalks that cross driveways. Therefore although desirable to have a 75" offset, it was not considered practical so an offset of 37.5' was allowed. In line with the same reasoning a set-back of 14.5' might be desirable but is not practical keeping the tree, and a set back of 12' allows safe visibility and exceeds the average set-back of 9.5' of 56% of the intersections along Concord from Spring St. to the Belmont line (see attached compliance study). Therefore it appears that there isn't a strict 14.5 ft. requirement that needs to be met for driveways, and the cars exiting the drive at 497 Concord Ave. will be sufficiently in front of the 42' oak tree to make visibility safe, especially with the additional width provided by the easement. Respectfully submitted On Behalf of the Neighborhood Sharon Cerny RECEIVED J U E 15, 2020 SELECT BOARD Compliance with 14.5'Sight Line Setback for Two-Way Drives Exiting on Concord Avenue from Spring St. to Belmont Line Intersection: Yes No Unclear Comments: Benjamin Rd lower X Only 8.5' to left due to large tree, inclined bank Field Road X Only 10 'to right due to hill Only 8.5'to the left due to hill and trees Benjamin Rd X Only 10-11'to left due to utility pole, curve and crest of upper Road; 8' on right due to utility pole, trees & crest of rd. Old Shade Street X Only 9.5'to right due to stone wall and trees Only 10.5'to left due to utility pole and trees Barberry Road X Cotting Exit Ok to left. Only 12-12.5'to right if trees Main Campus X trimmed Cotting/Mary Perry X Only 8 ft at left and 10 ft at right Artis X School House Lane X Only 12-12.5' due to embankment/utility pole Hampton Road X Bright Horizons: X Questionable as sign obstructing to left and Utility pole/trees partially obstructing to right Gas Station/DD X Kite's End offices Only 7.5' on right due to trees, pole, and curve Exit on Concord X in the street. Kitson Park X Ok if branches trimmed April Lane X Obstructed by brushes and retaining wall Canizzo Brothers X Only 10.5 to left due to evergreen bush. Goddard School X Ok to right, Only 8' on left due to partial obstruction of Large tree and utility pole Intersection: Yes No Unclear Comments: Blossom Rd. X Only 12'to right due to tree and incline in road, and 12' to left due to trees/pole. Scott Rd. X Only 8.5'to right due to fir tree; 8.5 to left due to to incline in road,trees, utility pole and embankment. Hutchinson Road X Chadbourne Road X Left is obstructed by utility pole/stone retaining wall. Walnut X Only 7' on left due to utility pole and large evergreens Potter Pond X Avalon X But needs branches trimmed Pleasant X Totals (25) 9 14 2 (36%) (56%) (8%) 497 Concord X Meets requirement on right; 12' on left due to (Subject) 42"Oak. Conclusion: This survey looked at 25 intersections exiting on Concord Avenue to assess compliance with the sight line requirement of 14.5' set back from the edge of the road. Residential drives were excluded for this survey to provide a higher standard for roads and other exits from school or commercial businesses. Of the 25 intersections reviewed, only 9, or 36% complied. 14 or 56%clearly did not comply and an additional 2 (8%) intersections were questionable regarding compliance. The reasons for non-compliance included large trees, curves, inclines and cresting of road, stone walls, embankments and utility poles. The sight-line distance in cases of non-compliance had the sight lines reduced from 14.5'to 7.5'-12.5' (for an average reduced set-back of approximately 9.5') The subject drive in question at 497 Concord Avenue meets the required setback for on the right, but does not on the left due to the 42 "oak. At approximately 12'the sightline requirement on visibility on the left turn is met. As the majority of intersections along Concord that are either public roads or commercial or school intersections do not meet the set-back requirement and in fact average 9.5 ft reduced sightline, it seems reasonable for the Select Board to allow the tree to stay with a reduced setback to 12' u ( k 6, b ..I" r a ` ` ' R RECEIVED . 14 '"bfec -,ed Li m." "��� .� SELECT BOARD Ap I elf, 1 � k A fit J two ,w � n " . ... t C ,. . a mow. c�e c 0!) . ." ; (x") R. . " �2 1:, ) Q2 P .47) ' a 220,74) "-. , , PP Clem a W� RECEIVED JUKE 4, 2020 SAVE PROTECTED TREE SELECT BOARD We 'the Undersigned object to the removal of the 42 " aiature Oak at the entrance to 497 Concord AvenUO_ Lexington A. This is a protected shade tree Under the Massachusetts -Shade Tree Act 'MGL Chapter 87, S3 as a men ded� We want to kee�p the residential quality of our neighborhood and do not wan't the tree to be re moved to create a two way access for the Coffing pr.,irklng lot. We also have been told by CotUng that they would like to keep thE drive as natural as possible, As the drive can be widened to two lanes by rer-noving the large stones an the westerly side of the drive, w(-- r(=.,qt,,test the Town i..ise this alternative and allow the tree to remain, We also SLIggest that other m1figation efforts be considered by the 'l own to make this drive safer-, such as a right hand tUrn only on exiting. We also respeCtfUlly request that this petrt�'on be accepted in place of Our appearance on I uesday AprN 21st at 8, afTi as Massa ch Usetts will still be under at "Stay at home" order dUe to the Covid 19 pandemic. lietitions s,ignatur-es edJted Narne City MA Zip M MEMBER PREC. 3 Road/Stre(,,,t ----—-------- ....... Sharon Cerny Lexington MA 2421 US 4/17/2020 Barberry Klaus Fuchs Lexington MA 2421 US 4/17/2020 Barberry Carol Miller Lexington MA 2421 US 4/17/2020 Barberry Letha Prestbo Lexington MA 2421 US 4/17/2020 1'M rnen"iber Concord Phill Press Lexington MA 2421 US 4/17/2020 Concord Deborah Lapides Lexington MA 2421 US 411712020 Barberry Ann Senghas Lexington MA 2421 US 4/17/2020 Concord Christopher Manhard Lexington MA 2421 US 4/17/2020 Concord Mary Ned Fotis Lexington MA 2421. US 4/17/2020 Concord Marina Thompson Lexington MA 2421 US 4/17/2020 Concord Bob Harris Lexington MA 2421 US 4/17/2020 Concord Sally Bowie Lexington MA 2421 US 411712020 Barberry Gordon Hart-is Lexington MA 2421, US 4/1712020 Field Robert Rotberg Lexington MA 2421 US 411712020 'TM niemb(�r Barberry Catalina Guillerryiety Lexington MA 2421 US 4/18/2020 Barberry Forrester Cole Lexington MA 2421 US 4/18/2020 Barberry Nancy Seasholes Lexington MA 2421 US 4/18/2020 Concord Mary Brinton Lexington MA 2421 US 4/19/2020 Field Williarn Redpath Lexington MA 2421 US 4/19/2020 Barberry JereMy Gauld Lexington MA 2421 US 4/20/2020 Barberry Sheryl Rosner Lexington MA 2421 US 4/20/2020 Barberry Luis Alvarez Lexington MA 2421 US 4/20/2020 Stonewall Julie Medley Lexington MA 2421 US 4/20/2020 Barberry Stephanie Hanks Lexington MA 2421 US 4/20/2020 Barberry Darwin Adams Lexington MA 2421 US 4/20/2020 Field Eric Teicholz Lexington MA 2421 US 4/20/2020 Barberry Michael Leviton Lexington MA 2421 US 4/20/2020 Concord Murray Lapides Lexington MA 2421 US 4/20/2020 Barberry Lindsay Sanjurjo Lexington MA 24,21 US 4/20/2020 Old Shade Michael Martignetti Lexington MA 2421 US 4/20/2020 TM member Barberry Cynthia Piltch Lexington MA 2421 US 5/17/2020 Barberry Mei-Tuo Lexington MA 2421 US 5/18/2020 Concord Mary Zeytoonian Lexington MA 2421 US 5/18/2020 Potter Pond Jennifer Aliber lexington MA 2421 US 5/29/2020 Barberry Jorge QUiroz Lexington MA 2421 US 5/29/2020 Barberry wary Roeder Lexington MA 2421 US 5/29/2020 Field John Winkelman Lexington r MA 2421 US 5/29/2020 Field Courtney Apgar Lexington MA 2421. US 5/30/2020 "I'M member Barberry Joshua Apgar, Lexington MA 2421 US 5/30/2020 Barberry Dennis Sanjurjo Lexington MA 2421 US 5/30/2020 Old Shade Randall Paulsen Lexington MA 2421, US 5/30/2020 Barberry Jamie Katz Lexington MA 2421 US 5/31/2020 Barberry Ashish Mamania Lexington MA 2421 US 6/1/2020 Barberry Anca Mamania Lexington MA 2421 US 6/1/2020 Barberry Guy Weinzapfel Lexington MA 2421 US 6/1/2020 Stonewall Christopher Ness Lexington MA 2421 US 6/1/2020 Barberry David Kessler Lexington MA 2421 US 6/1/2020 Barberry Ryo Hotta Lexington MA 2421 US 6/1/2020 Concord Hotta Yoko Lexington MA 2421 US 6/1/2020 Concord Jeanne McDermott Lexington MA 2421 U.S 6/1/2020 Field Martha Pavlakis Lexington MA 2421 US 6/1/2020 Barberry "fed Finch Lexington MA 2421 US 6/1/2020 Barberry Margaret Read-Weiss Lexington MA 2421 US 6/1/2020 Field David Simons Lexington MA 2421 US 6/1/2020 Field Lin 'Tong Lexington MA 2421 US 6/1/2020 Concord Nivedia Mehra Lexington MA 2421 US 6/1/2020 Concord Anshu Mehra Lexington MA 2421 6/3/2020 Concord David Berman Lexington MA 2421 US 6/3/2020 Field Steve Rornansky Lexington MA 2421 US 6/3/2020 Barberry Maxine RodbUrg Lexington MA 2421, US 6/3/2020 Concord Jose Varon Lexington MA 2421 US 6/3/2020 Concord Rena F Maliszewski LexingtonN MA 2421 US 6/3/2020 TIVI member Concord Judith Teicholz Lexington MA 2421 US 6/3/2020 Baberry Sta n I ey Yap Lexington MA 2421 US 6/3/2020 TM member April Lane Cynthia Arens Lexington MA 2421 US 6/3/2020 "rm member Kitson Park Emily Whiting Lexington MA 2421 US 6/3/2020 Barberry Chapter 120 TREES § 120-1. Findings. The Town of Lexington finds that mature trees have aesthetic appeal, contribute to the distinct character of certain neighborhoods, improve air quality, provide glare and heat protection, reduce noise, aid in the stabilization of soil, provide natural flood- and climate-control, create habitats for wildlife, enhance property values and provide natural privacy to neighbors. § 120-2. Intent and purpose. This bylaw is enacted for the purpose of preserving and protecting both public shade trees pursuant to General Law Chapter 87 and certain trees on portions of private property. To achieve these purposes, this bylaw establishes a Tree Committee and empowers the Committee, in conjunction with the Tree Warden, to regulate the removal and replacement of trees in certain circumstances, and to promote the planting and protection of trees throughout the Town. It is desirable that the Town plant more trees than are removed to compensate for tree losses and the length of time to maturity. The provisions of this bylaw, when pertaining to private property, apply only when there is major construction or demolition as defined below and only within setback areas. § 120-3. Definitions. A. When used in this bylaw, the following definitions shall apply: CALIPER — Diameter of a tree trunk (in inches) measured six inches above the ground for trees up to and including four-inch diameter, and 12 inches above the ground for larger trees. DBH ("Diameter at Breast Height") — The diameter (in inches) of the trunk of a tree (or, for multiple trunk trees, the aggregate diameters of the multiple trunks) measured 4 1/2 feet from the existing grade at the base of the tree. DEMOLITION — Any act of pulling down, destroying, removing or razing a building or commencing the work of total or substantial destruction with the intent of completing the same. MAJOR CONSTRUCTION —Any construction of a structure on a vacant lot, or any construction of one or multiple structures or additions to structures on an existing lot, wherein there would result an increase of 50% or more in the total footprint of the new structure(s), when compared to the total footprint of the pre-existing structure(s). 120:1 § 120-3 LEXINGTON CODE § 120-4 PERSON — Any person, firm, partnership, association, corporation, company or organization of any kind including public or private utility and municipal department. PROTECTED TREE — Any tree on private land, with a DBH of six inches or greater (or any multiple trunk tree with a DBH of 15 inches or greater), located in the setback area (or which, as determined by the Tree Warden, has any portion of the stem between six inches and 4 1/2 feet above grade actively growing into the setback area), provided that tree is not hazardous or undesirable as defined in the Tree Manual.[Amended 4-4-2007 ATM by Art. 131 PUBLIC SHADE TREE — Any tree within the public right-of-way except for state highways that, as determined by the Tree Warden, has any portion of the stem between six inches and 4 1/2 feet above grade actively growing into the public right-of-way. REPLACEMENT INCH — The unit used when determining mandated replanting, which shall be calculated using the Replacement Inch Calculation Table in § 120-16.[Added 4-5-2017 ATM by Art. 371 SETBACK AREA — The minimum setback area around a lot shall be measured in accordance with the larger dimension of 30 feet from the front and 15 feet from the two sides and from the rear of the lot; and the minimum front yard, side yard and rear yard dimensional requirements under the Zoning Bylaw of the Town of Lexington. For the purposes of establishing the setback area in which the provisions of this bylaw shall apply, the measurement shall be from any point on any property line of the lot, to points along an imaginary line drawn representing the setback area as specified. Final judgments regarding required tree protections during construction shall be made by the Tree Warden where deviations from the setback are required.[Amended 4-4-2007 ATM by Art. 13; 3-18-2013 ATM by Art. 301 TOWN TREE — Any tree within a public park or open space under the jurisdiction of the Selectmen acting as park commissioners, on public school grounds, or on any other Town-owned land. TREE REMOVAL — Any act that will cause a tree to die within a three- year period. B. The Tree Committee may provide other such definitions or terms in rules and regulations, approved by the Selectmen, deemed useful to implement this bylaw. § 120-4. Applicability. A. Applicability. The circumstances under which the tree protection, removal and replacement regulatory process delineated in this bylaw shall apply are as follows: (1) Proposed cutting (trunk, limbs or roots) of existing public shade trees on public and private ways (accepted or unaccepted streets) 120:2 § 120-4 TREES § 120-5 or of Town trees on Town-owned (or leased land being used as a public facility) by any person. (2) Proposed demolition of an existing residential or nonresidential structure. (3) Proposed major construction on an existing residential or nonresidential lot. B. For sites under the jurisdiction of the Planning Board or Zoning Board of Appeals, the Planning Board or Zoning Board of Appeals may, by including in their findings an explanation of the reasons, waive in part or in full this bylaw when they deem it necessary for the good of the community. [Amended 3-23-2011 ATM by Art. 311 § 120-3. Tree Warden. The Public Grounds Superintendent within the Department of Public Works shall serve as the Tree Warden unless another designee is appointed by the Selectmen. A. The duties or responsibilities of the Tree Warden shall conform to General Law Chapter 87 and shall include, but not be limited to, the following as may be further specified in this bylaw: (1) Management of all trees within public rights-of-way and adjacent to public buildings and commons; care and control of trees on Town property if so requested by the Selectmen, and on Town land owned by other departments such as Schools, Recreation and Conservation, if so requested by the respective department and approved by the Selectmen; (2) Expending funds, in coordination with the Tree Committee, appropriated for planting trees on Town land under the jurisdiction of the Tree Warden; (3) With recommendations from the Tree Committee, granting or denying and attaching reasonable conditions to all permits required under this bylaw; (4) Work in conjunction with the Tree Committee to seek grants or other assistance concerning the preservation and maintenance of trees in Town; (5) Development of rules, regulations, tree inventory, manuals and other data, in conjunction with the Tree Committee, to carry out the purposes and intent of this bylaw for approval and promulgation by the Selectmen; (6) Enforcement of this bylaw; (7) Appointment or removal of Deputy Tree Wardens. 120:3 § 120-5 LEXINGTON CODE § 120-8 B. Moreover, the Selectmen may authorize the Tree Warden to undertake other responsibilities consistent with the purposes and intent of this bylaw. § 120-6. Tree Committee. A. The Town shall have a Tree Committee that consists of seven members as appointed by the Selectmen. For the first appointments, three members will serve one-year terms; two members will serve two-year terms; and two members shall serve three-year terms. All members up for renewal will then serve three-year terms. B. The Tree Committee shall have the following duties and responsibilities as may be further specified in this bylaw: (1) Development of rules, regulations, tree inventory, manuals and other data, in conjunction with the Tree Warden, to carry out the purposes and intent of this bylaw, for approval and promulgation by the Selectmen; (2) Permit the removal of certain trees on private property upon appeal, by an applicant; (3) Public education and coordination with other Town Committees and civic groups to promote the purposes and intent of this bylaw; (4) Work in conjunction with the Tree Warden to seek grants or other assistance concerning the preservation and maintenance of trees in Town. § 120-7. Public shade trees and Town trees. A. Scope. A public shade tree or Town tree may not be cut, pruned, removed or damaged by any person or the Town until and unless the Tree Warden issues a written permit pursuant to this section. B. Procedures. Any person seeking to prune or remove a public shade tree or Town tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden. The Tree Warden shall hold a public hearing on applications for removal, at the expense of the applicant, in accordance with the provisions outlined within General Law Chapter 87. The permit issued by the Tree Warden may specify schedules, terms, and conditions, including requiring the planting of replacement trees. C. Planting of trees on Public Land. Any person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden. Such permission may specify schedules, terms, and conditions as deemed appropriate by the Tree Warden. § 120-8. Protected trees. 120:4 § 120-8 TREES § 120-8 A. Scope. The removal of protected trees in conjunction with demolition or major construction is prohibited unless authorized by the Tree Warden, or Tree Committee as set forth below. B. Procedures. When major construction or demolition is planned, the owner of the property shall submit to the Building Commissioner as part of the application for a building or demolition permit a site plan drawn and stamped by a registered land surveyor showing all existing trees on the property of six-inch DBH or greater. [Amended 4-4-2007 ATM by Art. 131 (1) If any protected trees will be removed or damaged in connection with major construction or demolition, the owner of the property shall submit a proposal for tree removal and mitigation to the Building Commissioner with the application for a building or demolition permit. Additionally, if any protected trees were removed during the 12 months preceding the application for the building or demolition permit, a tree removal and mitigation proposal regarding the protected trees already removed shall be submitted to the Building Commissioner. The proposal shall satisfy the mitigation requirements set forth below and any rules, regulations or manuals promulgated by the Selectmen. The Selectmen shall set an application fee. Such fee shall be at least $5 per DBH inch of protected tree to be removed. [Amended 3-19-2008 ATM by Art. 371 (2) The Building Commissioner shall refer the tree proposal to the Tree Warden. The Tree Warden shall conduct a site visit. If the applicant's proposal is consistent with the mitigation requirements herein and the rules, regulations or manuals issued by the Selectmen, the Tree Warden will issue a permit within 10 business days of receipt by the Tree Warden of the proposal to authorize the tree work. If the proposal does not meet or satisfy these requirements, the Tree Warden shall so notify the applicant and deny the permit. (3) An applicant may appeal the denial or grant of a tree permit to the Tree Committee. The Tree Committee shall conduct a public hearing on the appeal and shall give the public notice thereof, at the expense of the applicant. Public notice shall include all persons owning land within 300 feet of any part of applicant's land at least 14 days before said hearing. The Tree Committee shall rule within 20 days of the public hearing. (4) Appeals of final decisions of the Tree Committee shall be to Superior Court and shall be limited to whether the decision was arbitrary or capricious. C. Mitigation. A protected tree shall not be removed unless at least one of the following provisions is satisfied: 120:5 § 120-8 LEXINGTON CODE § 120-8 (1) Replanting of trees: such replanting shall be on the basis of one inch of caliper of new tree(s) for each replacement inch of DBH of tree(s) removed except that, to encourage the planting of large shade species, for each replanted tree listed in the Recommended Large Shade Trees list of the Lexington Tree Manual [Section V.B.51 replanting shall be on the basis of 1/2 inch of caliper of new tree(s) for each replacement inch of DBH of tree(s) removed and each replanted tree must have a minimum caliper of three inches. The replanting shall occur no later than 12 months after completion of the construction work, either on applicant's land or on land abutting applicant's land with express approval of the owner of such abutting land; [Amended 3-18-2013 ATM by Art. 30; 4-5-2017 ATM by Art. 371 (2) Contribution into the Lexington Tree Fund, provided such fund is reauthorized to the extent required by law, or otherwise to the surplus revenue of the Town: such contribution shall be $100 per replacement inch of protected tree or Town tree removed not already mitigated as per Subsection C(1); or [Amended 3-31-2004 ATM by Art. 34; 4-4-2005 ATM by Art. 16; 4-5-2017 ATM by Art. 371 (3) (Reserved)' (4) All evergreens planted as replacement trees must be a minimum of six feet in height and may include, without limitation, pine, hemlock, spruce and fir. Low-growing evergreens shall not be accepted as replacement trees. [Added 4-4-2007 ATM by Art. 131 D. Trees not removed. Trees that are to be left on the site must be protected as specified in Section VIIIB in the Tree Management Manual. [Added 4-4-2007 ATM by Art. 13; amended 4-5-2017 ATM by Art. 371 E. Failure to protect trees not removed. Trees left on site must be protected; and if not done so as required by this bylaw, the Tree Warden may impose the following: [Added 4-4-2007 ATM by Art. 131 (1) The Town may undertake tree protection measures and bill for any labor and material charges incurred. (2) The Town may require replacement plantings larger than three inches in diameter to replace trees damaged during construction. (3) The Town may hire an arborist whose charges will be billed to the owner/builder to ensure that trees left on the site will survive and remain healthy. 1. Editor's Note: Former Subsection C(3),which required the applicant to demonstrate the desirability of removal of a protected tree,was repealed 3-22-2010 ATM by Art. 27. 120:6 § 120-8 TREES § 120-12 (4) The Town may impose fines as per the fine schedule in § 120-10 of this bylaw. § 120-9. Emergencies and exemptions. Provisions of this bylaw shall not apply to: A. Emergency projects necessary for public safety, health and welfare as determined by the Director of Public Works or the Town Manager; B. Trees that are hazardous as determined in writing by the Tree Warden; C. (Reserved)2 D. Trees identified by the Commonwealth that pose a risk of disease or insect infestation. § 120-10. Enforcement. A. Any person violating this bylaw is subject to the penalties under Chapter 1, § 1-6 of the General Bylaws, General Law Chapter 87 (for violations concerning public shade trees) and other legal enforcement action by the Town. The Tree Warden is authorized to enforce the provisions of Chapter 1 of the General Bylaws and of General Law Chapter 87. Any other legal enforcement action shall be determined by the Selectmen in consultation with the Tree Committee, the Tree Warden and Town Counsel. B. Each instance in which a Town tree or a protected tree is removed without a tree permit shall constitute an offense under this bylaw. When Town trees or protected trees have been removed without a permit, mitigation (as outlined in § 120-8C of this bylaw) and the payment of fines (as outlined in the Fine Schedule at the end of this bylaw3) shall be required. [Amended 3-31-2004 ATM by Art. 341 C. If mitigation and the payment of fines are completed in due time as determined by the Tree Warden, the project will be approved. If not completed, then each day beyond the determined and agreed upon completion date shall constitute a new and separate offense. [Amended 3-31-2004 ATM by Art. 341 § 120-11. Rules and regulations. The Selectmen may promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this bylaw. Failure by the Selectmen to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this bylaw. 2. Editor's Note: Former Subsection C,which excluded invasive tree species,was repealed 3-22-2010 ATM by Art. 27. 3. Editor's Note: See Ch. 1, General Provisions,Art. II, Use and Construction, § 1-6, Noncriminal disposition. 120:7 § 120-12 LEXINGTON CODE § 120-16 § 120-12. Severability. If any section, paragraph or part of this bylaw is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force. § 120-13. Relationship to other laws. Nothing in this bylaw shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing Town of Lexington bylaws or Commonwealth of Massachusetts laws. § 120-14. Funds. [Added 3-31-2004 ATM by Art. 34; amended 4-4-2005 ATM by Art. 16; 4-4-2007 ATM by Art. 131 Collection of voluntary contributions under this bylaw shall be deposited into the Lexington Tree Fund, provided such fund is annually reauthorized, or otherwise to the surplus revenue of the Town. The Tree Warden, with input from the Tree Committee, will request use of these funds for tree planting, transplanting, and other tree-related needs. The request to expend these funds will be approved by the Board of Selectmen. § 120-15. Tree Management Manual. [Added 4-4-2007 ATM by Art. 131 The Lexington Tree Management Manual will be used as the standard for tree planting, maintenance and protection in the Town. § 120-16. Replacement Inch Calculation Table. [Added 4-5-2017 ATM by Art. 371 Replacement Inch Calculation Table Replacement Level Removed Tree Inches Level 1: Less than 24" DBH; or a tree of any size Same as inches to be removed in order to comply with a removed condition, restriction or requirement of a local, state, or federal permit Level 2: 24" DBH and larger 2 times inches removed 120:8 G F rackF' :n A Tradition of Innovation and Excellence Since 1893 453 Concord Avenue • Lexington, MA 02421 • 781 862-7323 •www.cotting.org June 25, 2020 Dear Lexington Select Board; Cotting School has tried everything in our control to save the tree at 497 Concord Avenue.We were never proponents of removing the tree.However, safety concerns raised through the Limited Site Plan Review from the fire department and neighbors concerned about the turn onto Concord Avenue required us to look closely at this tree. Since then,we have reviewed several different driveway configurations and met, on numerous occasions, with objectors and town officials. We have been willing to bear the expense of engaging engineering consultants to explore the ideas suggested to us by neighbors and others in an effort to preserve the tree. Unfortunately, the traffic engineer we were asked to engage as part of the Limited Site Plan Review process continues to assert that the tree must come down to make sure that sight lines at the end of the driveway are safe.As Cotting School's consultant,he cannot endorse a plan that reduces the setbacks or shifts conditions in any way that leaves the school open to reasonable liability in the event of an accident as this would do. To verify these safety concerns, Cotting School engaged a second independent traffic engineer to review the plans and the site.The conclusions from Baystate Engineering echo those of the original engineer, Vanasse &Associates. Therefore,unless the town is willing to take responsibility for any liability resulting from relaxed safety standards,we come to the conclusion that the tree must be removed. We understand the town's investments in sustainability and applaud the environmental efforts of the community. We support that by reconfirming our willingness to contribute S16,800 to the Lexington Tree Fund in addition to the 91 new trees that we will be planting as part of our project. We look forward to a resolution of this issue so that we can move forward with access to our property and our plans to enhance our campus in service to students with special needs. Sincerely 4). '04 07- President, Cotting School cc: Amanda Loomis,Lexington Planning Administrator Sharon Cerny 111 �.. ENGINEERING 600 Unicorn Park Drive 6 Woburn,MA 01801 Phone: 781-932-3201 6 Fax: 781-932-3413 MEMORANDUM TO: Bridget Irish Cotting School FROM: Kenneth P. Cram,P.E. CC: DATE: June 25,2020 RE: Sight Distance Review 489 Concord Avenue,Lexington,MA Bayside Engineering has been retained by the Cotting School to review the stopping sight distance (SSD) exiting the driveway to 489 Concord Avenue in Lexington, MA. This assessment reviewed available traffic volume data, measured sight distances,and prepared an opinion on the adequacy of the SSD. As part of this review,Bayside reviewed the following: • Traffic Circulation, Access and Parking Study Memorandum prepared by VAI,dated November 27,2019 and • Sight Distance Measurements at 489 Concord Avenue Driveway Memorandum by VAI dated May 26,2020. Bayside also viewed the intersection on Tuesday,June 23,2020. PROJECT DESCRIPTION The Cotting School is a 125-student school which fosters academic achievement, shill development, and social- emotional maturity for its students. There are a total of 84 staff on-site and 152 parking spaces. The school hours are typically between 8:OOAM to 3:OOPM with after-school activities. The school has a 25,355 sf expansion planned for a new gymnasium. In addition, 35 new parking spaces are planned at 489 Concord Avenue adjacent to the school. Total student enrollment is expected to remain relatively constant in the future. EXISTING CONDITIONS Roadway Network Concord Avenue is a two-lane roadway under local jurisdiction that traverses the study area in a general east-west direction. Concord Avenue provides one thirteen (13) foot wide travel lane per direction separated by a double- *Page 1 ENGINEERING yellow centerline within the study area. There are one (1) foot wide shoulders on both sides of the road for a total width of twenty-eight(28) feet in the vicinity of 489 Concord Avenue. A sidewalk is provided along the south side of Concord Avenue. The posted speed limit on Concord Avenue is 35 miles per hour (mph). There are sharrows (a sharrow is a street marking installed in the travel lane to indicate where people should preferably cycle) in both directions on Concord Avenue from Spring Street to Waltham Street. Land use in the area is primarily residential homes and the Cotting School. SIGHT DISTANCE ANALYSIS Stopping sight distance (SSD) measurements were performed at the intersection of the 489 Concord Avenue driveway at Concord Avenue in accordance with MassDOT standards. In accordance with MassDOT and American Association of State Highway and Transportation Officials (AASHTO) standards, at a minimum, sufficient stopping sight distance(SSD)must be provided to the intersection. The SSD was measured in the field. The distances were measured in accordance with the AASHTO requirements. Table 1 presents the measured required sight distance at the existing site driveway intersection with Concord Avenue (looking west and east). TABLE 1 SIGHT DISTANCE SUINIMARY Required Required Required Minimum Minimum Minimum 35 MPH 40 MPH 42 MPH Measured (Feet)a (Feet)b (Feet)' (Feet) Concord Avenue and 489 Concord Avenue Driveway Stopping Sight Distance: Exiting Site Driveway looking to the west 257 315 339 320 Exiting Site Driveway looking to the east 250 305 323 500+a Recommended minimum values obtained from A Policy on Geometric Design of'Highways and Streets;American Association of State Highway and Transportation Officials(AASHTO); 2010,and based on a 35 mph speed(Posted Speed Limit)on Concord Avenue,adjusted for grade. 'Recommended minimum values obtained from A Policy on Geometric Design otHighw nys andStreets;American Association of State Highway and Transportation Officials(AASHTO); 2010,and based on a40 mph speed on Concord Avenue,adjusted for grade. 'Recommended minimum values obtained from Policy on Geometric Design ofHighways and Streets;American Association of State Highway and Transportation Officials(AASHTO); 2010,and based on the observed 85"percentile speed on Concord Avenue,adjusted for grade. dSight distance with existing tree removed. As can be seen in Table 1, the measurements performed at the driveway intersection with Concord Avenue indicate that the driveway intersection will exceed the recommended minimum requirements based up to 40 mph. 0 Page ENGINEERING Several recommendations have been identified by VAI to improve the sight distances. These include: • Install speed radar signs, • Install school zone signs, • Remove tree at east side of driveway, and • Raise electrical box(located on telephone pole east of driveway). Bayside concurs with these recommendations. It has also been proposed, in an effort to save the tree, to re-stripe Concord Avenue in the vicinity of the driveway. The restriping would narrow the travel lanes on Concord Avenue by one (1) or two (2) feet. Bayside would not recommend reducing the travel lanes as the Concord Avenue condor, as previously noted, is used for bicycle traffic as well. Reducing the lane width, in conjunction with the use of sharrows, further reduces the distance between automobiles and bicycles which creates more of a hazard for cyclists. Even if the Concord Avenue lanes were to be reduced in width,Bayside would still recommend removing the tree. 0 Page 3 MEMORANDUM TO: Ms. Bridget Irish FROM: Mr. F. Giles Ham,P.E. , Cotting School Vanasse&Associates,Inc. 453 Concord Avenue 35 New England Business Center Drive Lexington,MA 02421 Suite 140 Andover,MA 01810-1066 (978)474-8800 DATE: May 26,2020 RE: 8456 SUBJECT: Sight distance measurements at the 489 Concord Avenue driveway Cotting School Lexington,Massachusetts As requested, Vanasse&Associates,Inc. (VAI)has evaluated the sight distance measurements and safety considerations at the 489 Concord Avenue driveway as it relates to the existing 42-inch tree to the east of the driveway. On Thursday May 21, 2020 VAI staff met with Megan Buczynsk from Activitas Inc. at the proposed driveway to review our initial recommendation to remove the tree. Sight distance measurements were reviewed at the proposed driveway to the new parking lot with Concord Avenue in accordance with MassDOT and American Association of State Highway and Transportation Officials (AASHTO)' standards. As presented in the November 2019 Traffic Circulation, Access and Parking Study memorandum, in order to obtain adequate sight lines to the east the existing 42-inch tree was recommended to be removed. According to the AASHTO design manual (See Attached), the departure sight distance on the minor road is measured from 14.5 ft from the edge of the major road traveled way. This represents the typical position of the minor-road driver's eye when a vehicle is stopped to exit onto the major road. At our May 21,2020 field investigation, it was confirmed that the existing tree is in the direct line of sight (See Attached), blocking the required sight distance. Based upon our review of existing conditions, it is our professional opinion and recommendation that in order to provide a safe intersection design the large tree to the east of the driveway and within the right-of- way should be removed to obtain adequate sight lines to the east. It is further noted that the electrical box on the telephone pole should be raised by 5-feet to improve sight lines(See Attached). VAI is not willing to take on any liability associated with substandard sight distances which result with the tree in its current location. 'A Policy on Geometric Design of Highway and Streets, 6"Edition; American Association of State Highway and Transportation Officials(AASHTO);2011. G:A8456 Lexington,MAAMcmnsA2-Bridget Irish 52620.do x 1 APPENDIX AASHTO STANDARDS FIELD INVESTIGATION PICTURES AASHTO STANDARDS Snnnnnni �ry i�lll" ��� i A Policy on eome mF u � \' Desig � � � �� � � � �ur�;11111ii�i�i� � `IYghways � . �< � ; ,, and S tS �,' � , ; 2� 11 �'�r'. scn �d��c;o� � t. v " ate � ii s � " iill'� ili+5.' "iV E: ri e � �� r 9-36 A Policy on Geometric Design of Highways and Streets very unlikely another potentially conflicting vehicle will be encountered as the first vehicle departs the intersection. Case B—Intersections with Stop Control on the Minor Road Departure sight triangles for intersections with stop control on the minor road should be considered for three situations: • Case Bl—Left turns from the minor road; • Case 132—Right turns from the minor road;and • Case 133—Crossing the major road from a minor-road approach. Intersection sight distance criteria for stop-controlled intersections are longer than stopping sight distance to allow the intersection to operate smoothly. Minor-road vehicle operators can wait until they can pro- ceed safely without forcing a major-road vehicle to stop. Case B1—Left Turn from the Minor Road Departure sight triangles for traffic approaching from either the right or the left, like those shown in Figure 9-1513,should be provided for left turns from the minor road onto the major road for all stop-con- trolled approaches.The length of the leg of the departure sight triangle along the major road in both direc- tions,shown as distance b in Figure 9-1513,is the recommended intersection sight distance for Case Bl. The vertex(decision point)of the departure sight triangle on the minor road should be 4.4 in[14.5 ft]from the edge of the major-road traveled way. This represents the typical position of the minor-road driver's eye when a vehicle is stopped relatively close to the major road. Field observations of vehicle stopping positions found that,where needed, drivers will stop with the front of their vehicle 2.0 in [6.5 ft] or less from the edge of the major-road traveled way.Measurements of passenger cars indicate that the distance from the front of the vehicle to the driver's eye for the current U.S. passenger car population is nearly always 2.4 in [8 ft] or less (12). Where practical,it is desirable to increase the distance from the edge of the major-road traveled way to the vertex of the clear sight triangle from 4.4 in to 5.4 in [14.5 to 18 ft]. This increase allows 3.0 in[10 ft] from the edge of the major-road traveled way to the front of the stopped vehicle,providing a larger sight triangle.The length of the sight triangle along the minor road(distance a in Figure 9-1513)is the sum of the distance from the major road plus 1/2 lane width for vehicles approach- ing from the left,or 11/2 lane widths for vehicles approaching from the right. Field observations of the gaps in major-road traffic actually accepted by drivers turning onto the major road have shown that the values in Table 9-5 provide sufficient time for the minor-road vehicle to acceler- ate from a stop and complete a left turn without unduly interfering with major-road traffic operations.The time gap acceptance time does not vary with approach speed on the major road. Studies have indicated that a constant value of time gap,independent of approach speed, can be used as a basis for intersection sight distance determinations. Observations have also shown that major-road drivers will reduce their speed to some extent when minor-road vehicles turn onto the major road.Where the time gap acceptance values in Table 9-5 are used to determine the length of the leg of the departure sight triangle,most major- road drivers should not need to reduce speed to less than 70 percent of their initial speed(12). Chi 2011 by the American Association of State Highway and Transportation Officials. All rights reserved.Duplication is a violation of applicable law. FIELD INVESTIGATION PICTURES 14,5 Feet view from the edge of the major road traveled way. ry, i ,a ,.1, � �"�„., ..uwu,�o" ✓��u�� rUky/e„B'irFF (f/. „/„rr�,rl`il,�I��li �� %ia„�/� ��/�. Electrical box on the telephone pole to be raised by 5-feet . n� ,e 1 � // L i ,ww/l'r i y�//� i!r% � J f , i/ /,/�i�� l�p����/l l 11 �✓ ��r > E � 7 00 C, U 0 to" tz UN Q. 10 .2 E 8 .0 r 4. t%. Z� 0 m F. 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Prizio Department Assistant Office of the Select Board Town of Lexington 1625 Massachusetts Avenue Lexington,MA 02420 Main: 781-698-4580 Direct: 781-698-4582 sole tbc)ard(�plexiii(�,-tonnia.�.To�, ..................L................................."--4� From:Sharon Cerny [mailto:smcerny@aol.com] Sent:Thursday,June 4, 2020 8:52 PM To:Select Board<selectboard@lexingtonma.gov> Cc:tuomei2008@gmail.com; scao005@gmail.com Subject: Fwd: Easement Consent Dear Select Board, The email below grants the Town and/or Cotting an easement to widen the drive at 497 Concord Avenue by Mei Tuo at 501 Concord Avenue. Thank you Sharon Cerny -----Original Message----- From: Mei Tuo <tuomei2008(aD_qmaiI.com> To: Steve Cao <scao005(d)q mail.co m> Cc: Sharon Cerny<smcerny(a)aol.com> Sent:Wed, Jun 3, 2020 10:16 pm Subject: Re: Easement Consent On Wed, Jun 3, 2020 at 8:00 PM Steve Cao <sc;ao005()gmaiI.com>wrote: Dear Select Board Members, /am willing to give the Town and/or Cotting an easement of a few feet at the eastern front comer of my property to allow the 42"Oak tree to be saved at 497 Concord Avenue. /understand that this will not affect my ownership and that the details will be discussed with me before any work commences. /request that the necessary work for the drive be done in a manner, to the greatest extent possible, that retains the natural beauty and harmony of this area, including the stone walls and trees on the left hand side of the drive. /would request that the new retaining wall at the comer be built out of existing stones and the large boulder currently blocking the drive be relocated at the comer of my property. Respectfully,C Mei Tuo 501 Concord Ave 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Fiscal Year 2020 Year-End Budget Adjustments PRESENTER: ITEM Carolyn Kosnoff, Assistant Town NUMBER: Manager for Finance/Comptroller; Jennifer Hewitt, Budget Officer L9 SUMMARY: A vote is requested for this agenda item. Staff will present current year-end revenue and expense projections and the end-of-year FY2020 budget adjustments (see attached memo and supporting documentation). SUGGESTED MOTION: Move to approve and sign the end-of-year salary adjustment account transfers, reserve fund transfers and budget transfer. as presented in the attached memo. FOLLOW-UP: The Reserve Fund transfer requests will be presented to the Appropriation Committee at their next meeting expected to occur on July 8, 2020. Select Board Chair and Appropriation Committee Chair to sign approved transfer requests which will be processed by the Finance department prior to the FY2020 year-end close. DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 8:40pm ATTACHMENTS: Description Type D Niauu Covet Menu C::'QATt-l@iiemu D F-q�cinw MoJections Backup Maloifl D RovCNILIC Pro�ccOoiiiis Backup Nlale16al y b*bQ]FC Md TS ^6 �I ., ppryry rf MEMORANDUM^ To: Select Board FROM: Carolyn Kosnoff, Assistant Town Manager for Finance; Jennifer Hewitt, Budget Officer DATE: June 26, 2020 RE: FY2020 End-of-Year Transfer Requests The attached documents include three transfer requests from the Salary Adjustment Account, three from the Reserve Account, and one End-of-Year Transfer between accounts. Together, these requests will close out FY2020, and allow departments to end the year within budget. Specifically, the requests are for— DEPARTMENT/BUDGET AMOUNT TYPE NOTES Fire Dept. Pers. Svcs. $254,759 Salary Adj. For FY2020 contract costs Fire Dept. Overtime $100,000 Reserve Acct. For COVID-19 responses Police Dept. Pers. Svcs. $195,000 Salary Ad'. For FY2020 contract costs Police Dept. Details $95,850 Reserve Acct. For COVID-19 Details Town Clerk Pers. Svcs. $10,000 Salary Adj. For FY2020 contract costs Non-Contrib. Retirement $211 EOY Transfer Clerical error in budget Total $655,820 In developing the personal services budgets for FY2020, FY2019 contract rates were used and potential salary increases were built into the Salary Adjustment Account. Where possible, departments have absorbed the settlement costs within their available budgets. In addition to contract settlements, all three departments have borne COVID-related personnel costs which have contributed to the need for a transfer request. Both Police and Fire have had additional overtime costs to cover for officers and firefighters who were required to quarantine, and the Town Clerk incurred additional staff costs to support the virtual Town Meeting in June. All of these COVID related personnel expenses will qualify for reimbursement under the CARES Act or from FEMA/MEMA. For the Police Detail request, full reimbursement is expected from FEMA and MEMA for details provided to the temporary COVID shelter at the Aloft Hotel. However, it will not be received until FY2020 has closed. The transfer will fund the account for FY2020, and the reimbursements will be deposited into the General Fund in FY2021. In addition to the transfer request forms, please refer to the attached revenue and expense summaries that we have provided for context. The FY2020 revenue and expense projections have been updated through June 26"'. Together, these reports provide a snapshot of where revenues and spending are at the moment. It should be noted that the Finance department will continue to post FY2020 expenses through mid-July, and notably, the last school payroll for the year will post on July 3rd, including the teachers' balloon payment for the summer months. We also expect some sizeable revenue items will not post in MUNIS until after June 30t'', including the final FY2020 payment of State Aid. The Finance staff will provide additional updates as they are available. a5 MAORh,y z Town of Lexington • F TO: Select Board SUBJECT: Request for Transfer from Salary Transfer Account Request is hereby made for the following transfer from the Salary Transfer Account as appropriated via vote of Annual Town Meeting: 1. Amount requested: $254,759.00 2. To be transferred to: Fire Suppression - Regular Wages 11222001-510000 Account Name Account Number 3. Explanation for purpose of transfer: The FY2020 budget was built using prior contract rates for the Fire (AFSCME), the Lexington Municipal Managers Association (LMMA)and the Lexington Municipal Employees Association (LMEA), all of which were settled in early FY2020. This request adjusts the FY2020 budget to cover retro payments, updated rates for base salaries and other personal service expenses. Department Head Action of Select Board: Date Approved Disapproved Transfer voted in the sum of: $254,759.00 Chair, Select Board Salary Transfer- Fire �5_MCSRh'NC Town of Lexington � Y rE`kfNGn4i�. TO: Town of Lexington Appropriation Committee SUBJECT: Request for Transfer from the Reserve Fund Request is hereby made for the following transfer from the Reserve Fund in accordance with M.G. L. Chapter 40, Section 6. 1. Amount requested: $100,000.00 2. To be transferred to: Fire Suppression - Overtime 11222001-513000 Account Name Account Number 3. Explanation for purpose and reasons why the expenditure is extraordinary and/or unforeseen. As members of the Lexington Fire Department became exposed to COVID-19 cases, some were required to quarantine for a period of time to limit further spread. As a result, other staff needed to fill their shifts, driving up overtime costs. These costs will ultimately be reimbursed from FEMA or the CARES Act, but a transfer is required to allow the Fire Department personal services budget to end the year with a positive balance for FY2020. Department Head Action of Select Board: Date Requested Not-Requested Chair, Select Board Action of Appropriation Committee: Date Approved Disapproved Transfer voted in the sum of: $100,000.00 Chair, Appropriation Committee Reserve Fund Transfer- Fire OT -35 MC1FFj yc, Town of Lexington AMRIY" TO: Select Board SUBJECT: Request for Transfer from Salary Transfer Account Request is hereby made for the following transfer from the Salary Transfer Account as appropriated via vote of Annual Town Meeting: 1. Amount requested: $195,000.00 2. To be transferred to: Police Admin. - Regular Wages 11212001-510000 Account Name Account Number 3. Explanation for purpose of transfer: The FY2020 budget was built using prior contract rates for the Superior Officers Association (IBPO 501), the Lexington Municipal Managers Association (LMMA) and the Lexington Municipal Employees Association (LMEA), all of which were settled in early FY2020. This request adjusts the FY2020 budget to cover retro payments, updated rates for base salaries and other personal service expenses. Department Head Action of Select Board: Date Approved Disapproved Transfer voted in the sum of: $195,000.00 Chair, Select Board Salary Transfer- Police �5_MCSRh'NC Town of Lexington � Y rE`kfNGn4i�. TO: Town of Lexington Appropriation Committee SUBJECT: Request for Transfer from the Reserve Fund Request is hereby made for the following transfer from the Reserve Fund in accordance with M.G. L. Chapter 40, Section 6. 1. Amount requested: $95,850.00 2. To be transferred to: Off Duty Detail - Police 32004800-484040 Account Name Account Number 3. Explanation for purpose and reasons why the expenditure is extraordinary and/or unforeseen. The Lexington Police Department provided 24/7 detail coverage to a state- operated shelter for COVID-19 patients at the Aloft Hotel in Lexington until June 12, 2020. Our agreement with MEMA requires us to first submit a 75% reimbursement claim to FEMA, with the remaining 25% reimbursement coming from MEMA. It is unlikely that we will receive either reimbursement before the FY2020 books close. This transfer is intended solely as a timing issue, to balance the Special Revenue Fund for FY2020. Once the reimbursements are received, they will be deposited in the General Fund, and will add to Free Cash in that fiscal year. Department Head Action of Select Board: Date Requested Not-Requested Chair, Select Board Action of Appropriation Committee: Date Approved Disapproved Transfer voted in the sum of: $95,850.00 Chair, Appropriation Committee Reserve Fund Transfer- Police Details -35 MC1FFj yc, Town of Lexington AMRIY" TO: Select Board SUBJECT: Request for Transfer from Salary Transfer Account Request is hereby made for the following transfer from the Salary Transfer Account as appropriated via vote of Annual Town Meeting: 1. Amount requested: $10,000.00 2. To be transferred to: Town Clerk- Regular Wages 11161001-510000 Account Name Account Number 3. Explanation for purpose of transfer: The FY2020 budget was built using prior contract rates for both the Lexington Municipal Managers Association (LMMA) and the Lexington Municipal Employees Association (LMEA), both of which were settled in early FY2020. This request adjusts the FY2020 budget to cover retro payments, updated base salaries and other personal service expenses. Department Head Action of Select Board: Date Approved Disapproved Transfer voted in the sum of: $10,000.00 Chair, Select Board Salary Transfer-Town Clerk ,y MORWp�O. x _ A Town of Lexington Ere= � y g. , TO: Appropriation Committee & Select Board SUBJECT: Request for End of Year Transfer between Departmental Line-Items Request is hereby made for the following transfer between line-items as appropriated via a vote of Annual Town Meeting, in accordance with M.G.L. Chapter 44, Section 33B, paragraph (b), as amended by the Municipal Modernization Act. 1. Amount requested: $211.00 2. To be transferred to: Non-Contributory Retirement 11911001-519110 Account Name Account Number 3. To be transferred from: Contributory Retirement 11910001-519110 Account Name Account Number 4. Present balance in Appropriation: $71,101.00 5. Explanation for purpose of transfer: Due to a clerical error, the amount requested for the Non-Contributory Pension budget will be short by$210.60 at the end of FY2020. A slight surplus exists in the Contributory Retirement account that will cover this transfer. Both instances have been updated in the FY2021 budget. 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This recommendation is to provide flexibility to deal with revenue changes expected over the next several years. Ken Pogran will go through the agreement with the Select Board. SUGGESTED MOTION: Move to approve the agreement between Lexington Community Media Center and the Town of Lexington as attached and further to authorize the Town Manager to execute the agreement on behalf of the Town of Lexington. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 8:50pm ATTACHMENTS: Description Type D 4'A('Presealafinm..hr,xIVIIedha4Ontract Pre,seerrlafion 6/26/2020 New Grant With L ) II d ii Presentation to the Select Board Ken Pogran Committee Chair Communications Advisory Committee June 29,2020 Overview 41, Recap—where we are today Ira', Key aspects of the new Agreement ,00 Available funds and future concerns Q&A 1 6/26/2020 The Town's current 9 %year contract with LexMedia ends June 30. i 10 years is the maximum contract term authorized by Town Meeting; we need a new contract in place by July 1. 0 LexMedia has been funded entirely from the 5%franchise fee ("PEG revenue") assessed on licensed Cable Television provider revenues (Comcast, RCN, Verizon). 0 Town provides sub-lease of the Kline Hall facility as well as equipment and leasehold improvements (purchased by LexMedia and owned by the Town). 1Recap—V\/1,-ier,e1 We Are Today (Continued) 0 The new contract will be a Grant Agreement in accordance with Section 2 of Chapter 30B to carry out a "purpose of public support" Of, No competitive RFP process is required. 0 The new Agreement— Has been drafted and reviewed with Town staff, reviewed with LexMedia,and reviewed and approved by the Communications Advisory Committee. Ulu Is substantially similar to the current contract. We request Select Board approval of the new Grant Agreement. 2 6/26/2020 Six-Yenr Contract IM, The A Ireelrneint wiiI have an IIiinitliall ,t o year terl -foll1lowed Ihy two t o,,,.ye r extension terms., The CAC its fairly coinfident there wliI The no imapor regulatory or technology dii.slru ptiioln to the curreint Cable lellevusuon P E::,G Access elnvi iron lnnend over the Inext '5-7 years; helnce,,tha: oveirallll siix-yeair terirn„ Although IPIF: revenues are now dechiniln, year-over-year and future revenue levels are Uncertaun, we are confident we can safely budget two years at a tiilnne. «� Lhe new Agreement's Scope of Services is very similar to that of the current contract. the new Agreement takes advantage of the excellent working relationship(between the Lown and LexiViedia,enabling us to sirnpIllify contractual requirements while retaining an appropriate IeM of Lown (CAQ oversight. ® Less prescriptive of Ihow LexMedia should do certain thinks. • Reporting focused on key performance metrics(in table forrrr). 4, For the initial two-year term,the operating funds the town provides to ILexMedia,and the services LexiMedia provides to the Lawn,willl rernain at the levels currently provided under the existing contract. �m Capitalfunds are sornewhat reduced,as LexMedia shifts more into a sustaining mode from a Wilding rnode. Budget and service levels wily he revisited for,each two-year term, (based on PEA revenue trends and gown needs. / 3 6/26/2020 Avaflal'.)IeIII,,,,uurn ds and F` t re Cancerns uur As we noted at our March presentation, Cable Television franchise fee revenues exceeded expenditures for LexMedia and related PEG items until FY 2018,with the PEG Account accumulating a"cushion"of approximately$1300K. In FY 2019,for the first time,cable subscriber"cord-cutting"resulted in decreasing year-over-year revenues. 0 Revenue was down 5%in FY19—$598K vs. $627K in FY18. Going forward,we will continue spending down the PEG Account balance. 0, The existing cushion enables us to maintain current funding and service levels for the initial two-year term of the new contract,and possibly beyond. e n s e s VV i U I C o in i or,w , af;;;,,,; 1 .-A. III,, IIII;;I;,w �f, ri a(-.1 5900,D00 'III" r r ' Cary Hal Ranov S2OO.DOO ....... I N N ml0l ) � Revenue 1 � ) UU JpNu0.exMed a[xp m$SOD,DO '� 1 r•,a,. m/,'ppirvrohl6 penses r r i FY2020 Projected FY21-FY26 s Revenue:$6821C Revenue:3%per year J II.e.MeRie.9 5011IQ IP'.1penm incimase 11-3Y.per yew $300p00 j i a.:r 1.i,i uo-ce mK LaxiMled%a$" rcmn IFY2 Wag mr+i'„e,AG"IK (:.rFll VF4r ,+kn"11I< J AI $I I J +"nv nlflk,fiyp Grp f Nh $2.Do0 / na FY14 ws FY16 FY17 rrra FY19 rrm F111 FY22 FY21 rrza H25 FY26 ` 4 6/26/2020 III,,„u t iir(�, 1: u ors din Concerns ire uur At some point—possibly for the second two-year extension term— franchise fee revenues will fall short to the point where decisions will need to be made regarding funding and service levels: U Reduced funding with reduced service levels. Current service levels,with franchise fee revenues supplemented by other Town funds. Also, in 5-10 years,technology changes may lead some providers to switch program delivery from cable television to 5G Fixed Wireless, abandoning their Cable Television licenses and eliminating the associated franchise fee revenue. If and when this happens,the result will be substantially reduced revenue, requiring that the Town re-think how LexMedia is funded and what level of services the Town wishes to maintain. a or,-i of r-i ri V'i :?, a iir„ � Ultimately, we will have to consider: °� How quickly to spend down the PEG account cushion. 113, By how much to reduce annual PEG Access funding(and consequently,the services provided). S, Or, do we appropriate other Town funds to continue PEG Access services at or near current levels. Questions to be asked: orrr How much less coverage of Town events and meetings is acceptable? What level of coverage will the Town choose to afford? ME 6/26/2020 Qj..jestions and Answer's Communications Advisory Committee Ken Pogran Chair 6 TOWN OF LEXINGTON, MASSACHUSETTS 02420 1625 MASSACHUSETTS AVENUE LEXINGTON CABLE ACCESS AGREEMENT Between the TOWN of LEXINGTON and LEXINGTON COMMUNITY MEDIA CENTER d/b/a LEXMEDIA July 1, 2020—June 30, 2022 O JS MORN/N QU gm C p F �w m 4 � APR IL I9TH t�XIN G"f O� LEXINGTON CABLE TELEVISION ACCESS AGREEMENT This Agreement is made as of this day of , 2020 by and between the TOWN of LEXINGTON (-TOWN"or"Issuing Authority', a municipal corporation, and Lexington Community Media Center, d/b/a LEXMEDIA, (LEXMEDIA), a non-profit corporation duly established under the laws of Massachusetts. Whereas, the TOWN desires to provide support for the use of public, educational, and government ("PEG") access channels, facilities, programming and services provided pursuant to federal law; and, Whereas, the TOWN has granted licenses to Comcast of Massachusetts I, Inc. ("Comcast"), RCN Telecom Services of Massachusetts, LLC ("RCN's and Verizon New England, Inc. ("Verizon") to operate cable television systems in the TOWN; and, Whereas, the cable license agreements between the TOWN and Comcast, RCN and Verizon, stipulate that the TOWN may designate an entity to operate and administer PEG access facilities, programming, services and funding; and Whereas, the TOWN determined the purpose of the existing agreement with LEXMEDIA constituted a public purpose of support and invoked Section 2 of MGL Chapter 30B thereby excluding this agreement from statutory bidding procedures. Now, therefore, for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties hereto agree as follows: I. PURPOSE The purpose of this Agreement is to insure the provision of cable television access services to Lexington residents and/or persons affiliated with Lexington institutions, businesses or agencies ("Authorized Users") who desire to use the Lexington cable television system for purposes of production and/or transmission of signals for non-commercial public, educational and/or governmental (PEG) purposes. II. CONTRACT DOCUMENTS The Contract Documents consist of the following, and in the event of conflicts or discrepancies among them, they shall be interpreted on the basis of the following priorities: FIRST, THIS AGREEMENT BETWEEN THE TOWN AND LEXMEDIA including Exhibit A, Exhibit B and Exhibit C attached hereto; SECOND, COPIES OF ALL REQUIRED BONDS, CERTIFICATES OF INSURANCE AND LICENSES REQUIRED UNDER THE CONTRACT, EACH OF WHICH IS ATTACHED HERETO. These documents form the entire Agreement between the parties and there are no other agreements between the parties. Any amendment or modification to this Agreement must be in writing and signed by officials with the authority to bind the TOWN and LEXMEDIA. 2 III. TERM OF AGREEMENT 3.1 Effective Date This Agreement shall become effective on July 1, 2020 upon execution by both parties. The initial term of this Agreement will be two years, with an option by the TOWN to extend the contract for two additional two (2) year periods, provided that the Term, including all extensions, is no greater than six (6) years. The Agreement may be extended on the performance of LEXMEDIA as evaluated pursuant to the terms outlined in Exhibit A. Ninety (90) days prior to the expiration of a term, the TOWN shall notify LEXMEDIA of its intent to extend the contract. Any contract extension shall be exercised at the sole discretion of the TOWN. The budget shall be set at each extension period with the understanding that funding may decrease from the initial agreement period. IV. TERMINATION 4.1 Termination for Convenience The TOWN may terminate this Contract for convenience and without cause, in whole or in part, at any time by written notice to LEXMEDIA specifying the termination date. LEXMEDIA shall immediately take all practical steps to minimize its costs to terminate the work. LEXMEDIA shall be paid its actual, necessary and verifiable costs to effect termination including contract closeout costs. LEXMEDIA shall promptly submit to the TOWN its termination claim supported by detailed documentation of each cost item claimed in a form satisfactory to the TOWN. The TOWN shall provide notification to LEXMEDIA of its intent to terminate for convenience at least 120 days prior to the date of termination. 4.2 Termination for Default If LEXMEDIA fails to perform services in the manner called for in the Contract, or if LEXMEDIA fails to comply with any other material provisions of the Contract, the TOWN may terminate this Contract in whole or in part, for default if, sixty (60) days (or such longer date as the TOWN may specify in its sole discretion) after the date of the TOWN's written notice to LEXMEDIA, the failure of the performance of LEXMEDIA has not been completely cured or LEXMEDIA has not made reasonable progress, as determined by the TOWN in its sole discretion, to cure the failure. Termination shall be effected by serving a notice of termination on LEXMEDIA's representative or agent in the Commonwealth of Massachusetts or shall be deemed served three (3) days after mailing said notice to LEXMEDIA's address by registered mail. Such notice shall set forth the manner in which LEXMEDIA is in default. LEXMEDIA will only be paid the contract price for products delivered and accepted, or service satisfactorily performed, up to and including the termination date, in accordance with the manner of performance set forth in the Contract; and any other costs shall be borne by LEXMEDIA. LEXMEDIA shall assume and bear all termination and Contract closeout costs, including those of subcontractors, suppliers and LEXMEDIA. In the event of a default termination, the TOWN shall be entitled to withhold any payments then due or to become due to LEXMEDIA for reasonable amounts for damages suffered by the TOWN as a result of LEXMEDIA's default and to exercise any other rights or remedies available to the TOWN at law. LEXMEDIA shall also be deemed to be in default upon the occurrence of any one or more of the following events: if LEXMEDIA is bankrupt or insolvent; if LEXMEDIA makes a general assignment for the benefit of creditors; if a trustee or receiver is appointed for LEXMEDIA, or for any of LEXMEDIA's property; if LEXMEDIA files a petition to take advantage of any debtor's act, or to reorganize under any bankruptcy chapter or law; if LEXMEDIA repeatedly fails to make prompt payments to LEXMEDIA's suppliers, subcontractors or others for labor, materials, or equipment; if LEXMEDIA disregards laws, ordinances, 3 rules, regulations, or orders of any public body having jurisdiction; if LEXMEDIA fails to correct defect(s) noted during acceptance inspection(s) within sixty (60) days of notification of said defect; and if LEXMEDIA violates in any substantial way the provisions of the Contract Documents. If it is later determined by the TOWN that LEXMEDIA was not in default, the TOWN, after establishing a new delivery schedule, may allow LEXMEDIA to continue work without increase in the contract prices, or treat the termination as a termination for convenience. The termination of the Contract for nonperformance shall in no way relieve LEXMEDIA from any of its covenants, undertakings, duties and obligations under this Contract, nor limit the rights and remedies of the TOWN hereunder in any manner whatsoever. V. RESPONSIBILITIES AND OBLIGATIONS During the term hereof, LEXMEDIA shall be responsible for and obliged to perform the services as described in Exhibit A attached hereto. VI. BOARD OF DIRECTORS The Lexington Select Board and the Lexington School Committee each shall recommend to LEXMEDIA a candidate for appointment to LEXMEDIA'S Board of Directors. VII. PERSONNEL POLICIES AND JOB DESCRIPTIONS LEXMEDIA shall have written personnel policies, copies of which shall be distributed to all employees and a copy of which shall be made available to the TOWN upon request. Each paid position shall have a clearly written job description. VIII. PROGRAMMING 8.1 Programming LEXMEDIA shall not be obligated to broadcast any PEG Access program that does not meet FCC technical standards. However, a decision not to broadcast a program due to technical problems shall in no way involve consideration of the content of the program. In addition, scheduling decisions for programming shall be free of consideration of program content, except for considerations of age-appropriateness at times when children may be watching. While the FCC does not control PEG Access programming content, LEXMEDIA agrees to follow the FCC's rules on Obscene, Indecent and Profane broadcasts in making its scheduling decisions. 8.2 Non-commercial broadcasting The PEG access facilities shall be used for the production of non-commercial access programming. LEXMEDIA shall not sell or broadcast advertising as defined by any applicable federal or state statute or regulation. Notwithstanding the prior sentence, LEXMEDIA may acknowledge underwriting support consistent with the requirements of the TOWN's Licenses with its respective cable providers and law. The TOWN acknowledges that LEXMEDIA shall be able to provide some services for a fee including, but not limited to, sales of DVDs of events covered by LEXMEDIA, tape dubbing, and other similar services, such as charging a fee for the use of rooms and equipment, provided that such rentals shall not interfere with LEXMEDIA's ability to meet the requirements of this contract, and further provided that no such fee shall be charged to producers of public, educational and governmental programming. 4 Prior to LEXMEDIA's use of commercial advertising for content distributed over the Internet, LEXMEDIA shall consult with the Lexington Communications Advisory Committee ("CAC") to establish mutually agreed upon guidelines. LEXMEDIA shall not be held responsible for technical problems under control of the cable systems. 8.3 Copyright and Ownership Before broadcasting video programming provided by user(s), LEXMEDIA shall require those providing this programming to obtain rights to all material broadcast, and clearance from broadcast stations, networks, sponsors, music licensing organizations'representatives, and without limitation from the foregoing, any and all persons as may be necessary to transmit its or their program material over the PEG access channels that are operated and managed by LEXMEDIA. LEXMEDIA shall maintain for inspection upon reasonable notice by the TOWN and for the term of the applicable statute of limitations, copies of all such user agreements. LEXMEDIA shall own the copyrights of any programs that it may produce from time to time. Copyrights of programming produced by the public shall be held by such person(s) who produce said programming. LEXMEDIA shall require that all programs produced with funds, equipment, facilities, or staff granted under this agreement shall be distributed on the channels whose use is authorized by this agreement. This paragraph shall not be interpreted to restrict other distribution so long as such other distribution is consistent with any pertinent guidelines established in the PEG access operating policies and procedures. 8.4 No Censorship It is the TOWN's intention that there be no censorship of program content on the part of the TOWN. LEXMEDIA shall have control of the program content to the extent allowed by applicable federal and state law. LEXMEDIA shall keep facilities, services, and channels open to all potential users regardless of their viewpoint, subject to FCC regulations and other relevant laws. IX. EQUIPMENT AND FACILITIES 9.1 Use of Kline Hall Facility and Equipment In providing services under this Agreement, LEXMEDIA shall have the use of the Kline Hall facility in accordance with the terms of the sublease executed by the Town and LEXMEDIA and dated January, 2008. LEXMEDIA shall also have the use of all equipment and furnishings previously purchased by LEXMEDIA and that are the property of the TOWN. Should the facilities at Kline Hall become unavailable and LEXMEDIA is unable to utilize the space per the terms of the sublease, the TOWN may terminate this Agreement for convenience and LEXMEDIA shall undertake all of the steps listed in Paragraph 4.1 above. 9.2 Ownership and Record of Purchase Any equipment and furnishings purchased by LEXMEDIA with funds provided pursuant to this Agreement shall become the property of the TOWN. LEXMEDIA shall keep on file a copy of each invoice describing equipment purchased and shall execute any documents requested by the TOWN to indicate the TOWN's ownership of such equipment. In order to ensure best value, LEXMEDIA shall follow sound business practices, and shall employ competitive procurement methods such as quote solicitations and obtaining multiple bids, whenever appropriate. Notwithstanding the foregoing, LEXMEDIA shall give the TOWN twenty (20) business days'advance written notice of its intent to purchase any equipment in excess of $25,000.00. If LEXMEDIA does not receive written objection from the TOWN within twenty (20) business days regarding such intended purchase, LEXMEDIA may purchase such item, provided that such item is promptly listed on the quarterly equipment list as required herein and is within the approved capital 5 budget for the year. In the event of emergency situations where broadcasting is, or threatens to be, compromised, such equipment may be purchased with verbal approval of the Town Manager. 9.3 Sale of Equipment No equipment with an initial purchase price of$1,000 or more shall be sold, otherwise transferred, or discarded without the prior written approval of the TOWN. 9.4 Maintenance and Insurance LEXMEDIA shall be responsible for repair and maintenance of all equipment during the term hereof and to insure such equipment as further provided under Paragraph XII hereof. If LEXMEDIA determines that equipment or other property cannot be repaired, LEXMEDIA shall obtain written concurrence from the TOWN prior to disposing of the equipment or other property. X. PAYMENT In exchange for providing services under this Agreement, LEXMEDIA will be compensated in the amounts as shown in the current schedule of payments attached as EXHIBIT B. XI. INDEMNIFICATION AND LIABILITY LEXMEDIA hereby releases and covenants to defend and hold harmless the TOWN, its officers, agents, employees, CAC members, representatives, and volunteers of and from any and all causes of actions, claims, demands, damages, costs, losses of service, expenses and compensation on account of or in any way arising from, directly or indirectly, personal injuries or property damage resulting from or claimed to result from any act or omission of LEXMEDIA, its officers, employees, volunteers, agents, representatives and invitees, related to LEXMEDIA's activities, operations, and its provision of cable television access services pursuant to this Agreement, unless due solely to acts of commission or omission by the TOWN, its officers, agents, employees, CAC members, representatives, and volunteers. LEXMEDIA further agrees to protect and defend the TOWN, its officers, agents, representatives, employees and CAC members against any claim for damages, costs, loss of service, expenses and compensation, or other claim resulting from or claimed to result from activities undertaken by LEXMEDIA, its officers, employees, agents, representatives, volunteers, and invitees and to indemnify, reimburse or make good to the TOWN, its officers, agents, representatives, and employees any loss, damage or cost, including attorneys'fees, the TOWN, its officers, agents, representatives or employees, may have to pay if any claim arises from such activities, unless due solely to acts of commission or omission by the TOWN, its officers, agents, employees, CAC members, representatives, and volunteers. XII. INSURANCE 12.1 Coverage for Term of Contract LEXMEDIA shall, at all times during the term of this Agreement maintain professional liability insurance comparable to broadcast liability insurance and comprehensive public liability insurance, which shall include the broad form comprehensive general liability endorsement covering LEXMEDIA's activities, including, but not limited to, construction of access facilities, operations and its provision of cable access television services pursuant to this Agreement. Such policies shall be written by a responsible company qualified and admitted to do business in Massachusetts and in good standing therein. The policies provided for herein shall specifically cover the indemnity provisions in the preceding Section. 6 LEXMEDIA shall be considered in default of this agreement if any of the required insurance coverages expires, lapses or is otherwise not valid. 12.2 TOWN as Co-Insured or Additional Insured The TOWN shall be named as a co-insured or additional insured on all aforementioned insurance coverages. All insurance certificates shall provide that the policies shall not be cancelled without at least thirty (30) days written notice to the TOWN. 12.3 Notification of Coverage LEXMEDIA shall deposit with the TOWN copies of certificates of insurance naming the TOWN as an additional insured within ten (10) days of the execution of this Agreement. Actual certificates of insurance shall be deposited with the TOWN within thirty (30) days of the date of this agreement, and thereafter within ten (10) days prior to the expiration of any such policies. LEXMEDIA shall deposit copies of successor certificates of insurance with the TOWN on an annual basis within ten (10) days of renewal of policies. 12.4 Insurance Coverage Comprehensive Liability Insurance: LEXMEDIA shall obtain comprehensive liability coverage including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The coverage shall include the Town of Lexington as an additional insured and amounts of such insurance shall be as follows: (1) bodily injury including death, $1,000,000 for each person, occurrence and $2,000,000 aggregate; (2) property damage, $1,000,000 for each occurrence and $2,000,000 aggregate. Equipment Insurance: Replacement cost insurance coverage shall be maintained on all equipment and facilities including fixtures, funded in whole or in part under this Agreement. Insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire or natural catastrophe. Workers'Compensation Insurance: Full Workers'Compensation Insurance and Employer's Liability with limits as required by Massachusetts law. Broadcasting Errors and Omission Insurance: Insurance shall be maintained to cover the content of productions which are broadcast on the access channels in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress; invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual access producers. XIII. MISCELLANEOUS PROVISIONS 13.1 Successors and Assigns Subject to the provisions of Section 12.2, below, the TOWN and LEXMEDIA each binds itself, its partners, successors, assigns, and legal representatives to the other party. 13.2 Assignment by LEXMEDIA LEXMEDIA shall not assign, sublet or transfer any of its obligations, responsibilities, rights or interests (including, without limitation, its right to receive any moneys due hereunder) under this Agreement 7 without the written consent of the TOWN. Any assignment, subletting, or transfer by LEXMEDIA in violation of this Paragraph shall be void and without force or effect. 13.3 Entire Agreement This Agreement represents the entire and integrated agreement between the TOWN and LEXMEDIA with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. This Agreement may be amended only by written instrument signed by both the TOWN and LEXMEDIA. 13.4 Contract Monitoring This Agreement shall be monitored by the CAC under the direction of the Town Manager. 13.5 Limited Liability No officer, director, member, official, employee, volunteer participant or other principal, agent or representative (whether disclosed or undisclosed) of the TOWN, nor any participant with the TOWN, shall be personally liable to LEXMEDIA hereunder, for the TOWN's payment obligations or otherwise, LEXMEDIA hereby agreeing to look solely to the assets of the TOWN for the satisfaction of any liability of the TOWN hereunder. In no event shall the TOWN ever be liable to LEXMEDIA for indirect, incidental or consequential damages. No officer, director, member, official, employee, volunteer participant or other principal, agent or representative (whether disclosed or undisclosed) of LEXMEDIA, nor any participant with the LEXMEDIA, shall be personally liable to the TOWN hereunder, for the LEXMEDIA's payment obligations or otherwise, the TOWN hereby agreeing to look solely to the assets of LEXMEDIA for the satisfaction of any liability of LEXMEDIA hereunder. In no event shall LEXMEDIA ever be liable to the TOWN for indirect, incidental or consequential damages. 13.6 Governing Law This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. 13.7 No Waiver The TOWN's review, approval, acceptance or payment for services under this Agreement shall not operate as a waiver of any rights under this Agreement and LEXMEDIA shall be and remain liable to the TOWN for all damages incurred by the TOWN as a result of LEXMEDIA's failure to perform in conformance with the terms and conditions of this Agreement. The rights and remedies of the TOWN provided for under this Agreement are in addition to any other rights or remedies provided by law. The TOWN may assert a right to recover damages by any appropriate means, including but not limited to set- off, suit, withholding, recoupment, or counter-claim either during or after performance of this Agreement. 13.8 Interpretation If any provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be deemed affected thereby. Paragraph headings are included herein for reference purposes only and in no way define, limit or describe the scope or intent of any of the provisions of this Agreement. 8 XIV. EQUAL EMPLOYMENT OPPORTUNITY 14.1 In connection with the performance of the services under this Agreement, LEXMEDIA shall not discriminate against any employee or applicant for employment based on race, color, religious creed, national origin, ancestry, sex, gender identity, age, criminal record (inquiries only), handicap (disability), mental illness, retaliation, sexual harassment, sexual orientation, active military personnel, or genetics. LEXMEDIA shall post in conspicuous places, available for employees and applicants for employment, notices to be provided by the Massachusetts Commission Against Discrimination, setting forth the provisions of the Fair Employment Practices Law of the Commonwealth. 14.2 In connection with the performance of the services under this Agreement, LEXMEDIA shall not discriminate in its relationships with subcontractors or suppliers on the basis of race, color, religious creed, national origin, ancestry, sex, gender identity, age, criminal record (inquiries only), handicap (disability), mental illness, retaliation, sexual harassment, sexual orientation, active military personnel, or genetics. 14.3 LEXMEDIA shall comply with all applicable laws and regulations pertaining to nondiscrimination, equal opportunity and affirmative action, including without limitation executive orders and rules and regulations of federal and state agencies of competent jurisdiction. XV. CERTIFICATIONS BY LEXMEDIA By execution of this Agreement, LEXMEDIA certifies that: 15.1 LEXMEDIA has not given, offered or agreed to give any person, corporation or other entity any gift, contribution or offer of employment as an inducement for, or in connection with, the award of this Agreement. 15.2 No Subcontractor or sub consultant to LEXMEDIA has given, offered or agreed to give any gift, contribution or offer of employment to LEXMEDIA or to any other person, corporation, or entity as an inducement for, or in connection with, the award of a contract by LEXMEDIA to such subcontractor or sub consultant. 15.3 No person, corporation or other entity, other than a bona fide full time employee of LEXMEDIA, has been retained or hired by LEXMEDIA to solicit for or in any way assist LEXMEDIA in obtaining this Agreement upon agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of this Agreement to LEXMEDIA. 15.4 LEXMEDIA shall comply with all applicable requirements of Section 39R of Chapter 30 of the Massachusetts General Laws. XVI. TAXES By execution of this Agreement LEXMEDIA, pursuant to Section 49A of Chapter 62C of the Massachusetts General Laws, certifies under the penalties of perjury that it has, to the best knowledge and belief of the person(s) who have signed this Agreement on LEXMEDIA's behalf, filed all state tax returns and paid all state taxes required under law. 9 XVII. CONFLICT OF INTEREST LEXMEDIA acknowledges that the TOWN is a municipality for the purposes of Chapter 268A of the Massachusetts General Laws (the Massachusetts conflict of interest statute), and LEXMEDIA agrees, as circumstances require, to take actions and to forbear from taking actions so as to be in compliance at all times with obligations of LEXMEDIA based on said statute. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the first date written above. Lexington Community Media Center TOWN of Lexington By: James Shaw, Chair James Malloy,Town Manager Approved as to the availability of funds: Carolyn Kosnoff, Comptroller 10 Exhibit A SCOPE OF SERVICES LEXMEDIA shall provide the following services to the TOWN. I. PROGRAMMING REQUIREMENTS 1.1 Public Access Programming: LEXMEDIA shall provide for public access programming and distribution in compliance with all applicable state and federal statutes and regulations. The components of Public Access Programming shall include the following: a) Training in television production and media communications b) Technical support to producers c) Access to equipment and facilities needed to produce such programs d) Access to time slots on channels provided for broadcasting of programs e) Maintenance of the program schedule 0 Maintenance of equipment needed to produce such programs g) Promotion of programs 1.2 Educational Access Programming: LEXMEDIA shall produce Educational Access programming pursuant to policies and guidelines mutually agreed upon by LEXMEDIA and the Lexington Public Schools, and assume such other responsibilities related to this production as LEXMEDIA and the Superintendent of Schools may mutually agree upon. Other educational programming shall be broadcast by LEXMEDIA after priority is given to programming related to the Lexington Public Schools. The components of Educational Access Programming shall include the following and shall be provided through a combination of LEXMEDIA's paid staff and volunteers: a) Produce and broadcast programs about the activities and events of the Lexington Public Schools including, but not limited to, scholastic affairs, sports, performing arts, sciences, academic competitions and community education. b) Broadcast student produced programs. c) Recruit and supervise students for internships at LEXMEDIA. d) At LEXMEDIA's discretion, produce and broadcast Lexington Public Schools PTO meetings, and programs and activities of other educational institutions in Lexington. 1.3 Governmental Access Programming_ LEXMEDIA shall produce Governmental Access programming in consultation with the Town Manager and assume such other responsibilities related to this production as LEXMEDIA and the Town Manager mutually agree upon. LEXMEDIA shall broadcast all annual and special Town Meetings, the Town Meeting Members'Association (TMMA) public informational meetings held prior to Town Meetings, and all regularly scheduled meetings of the Select Board, School Committee and Planning Board. Such broadcasting shall include an initial live broadcast whenever technically feasible, as well as at least three subsequent broadcasts of each Governmental meeting within a week, at varying times of day and on different days. All such repeated broadcasts shall be shown 11 beginning between 8:00 AM and 10:00 PM. All Governmental meetings broadcast by LEXMEDIA shall be made available On-Demand, in accordance with Paragraph 7.2, below. When feasible, any meeting broadcast live shall also be streamed live over the Internet. LEXMEDIA shall also record, broadcast and provide On-Demand coverage of regularly scheduled meetings and community events in addition to those described above, given appropriate advance notice to schedule staff and equipment. LEXMEDIA shall be responsible for monitoring the Town Clerk's postings of meetings to determine the date, time and location of meetings to be broadcast, including. a) Board of Appeals b) Historical Commission c) Historic Districts Commission d) Conservation Commission e) Other Governmental meetings as requested by the Town Manager or his/her representative, or by TOWN Board and Committee Chairs, subject to the availability of LEXMEDIA staff and equipment. For the initial term of this Agreement, the number of Governmental meetings to be broadcast is estimated at, but is not limited to, 98 meetings per year. LEXMEDIA shall make reasonable efforts to accommodate requests from the Town Manager that a meeting be broadcast live that would otherwise be recorded for later broadcasting. II. COMMUNITY BULLETIN BOARD 2.1 LEXMEDIA shall provide a Community Bulletin Board system ("CBB' on all access channels for the purposes of announcing programming and cable television access services, making public service announcements, and allowing TOWN departments, the public schools, non- profits, and civic groups to make certain announcements, or for such other purposes deemed reasonably necessary or appropriate. 2.2 LEXMEDIA shall take care to ensure that the announcements on the bulletin board are updated regularly and appropriately so that it functions efficiently and that the information provided to the public is accurate and timely and adheres to applicable federal and state laws and regulations. 2.3 The CBB shall be scheduled as a program at a minimum of twice a day and shall also play between programming. III. OUTREACH 3.1 LEXMEDIA shall post the upcoming weekly programming schedule on LEXMEDIA's website, and on LEXMEDIA's CBB. 3.2 LEXMEDIA shall issue periodic press releases to the local media (e.g., local newspapers and on-line publications) informing residents of Lexington about the mission of LEXMEDIA, including descriptions of its channels, and advertising training and production opportunities. In addition, LEXMEDIA shall advertise such training opportunities on its website and social media platforms, in the seasonal Lexington Community Education brochure and on the Lexington List email list. 3.3 LEXMEDIA management shall attend ongoing conferences, classes and workshops in PEG management and cable access technology such as those held by the Alliance For Community Media, Mass Access and other professional production organizations. LEXMEDIA's staff shall 12 also attend regional technical and trade shows and other educational opportunities as time and resources allow. LEXMEDIA staff shall collaborate when appropriate with PEG Access providers in the region, with the goal of creating more PEG Access opportunities for the Lexington Community. 3.4 As part of the ongoing outreach initiatives, LEXMEDIA's staff shall hold open houses, attend community events, and engage directly with community groups. 3.5 Each year, LEXMEDIA shall hold multiple series of classes to train members. Each series shall include the orientation class, portable production class, studio production class and editing class. 3.6 LEXMEDIA shall offer training to the Town of Lexington Boards and Committees as well as Town Staff. This training shall include instruction about proper microphone usage and best practices for holding a meeting as a TV production. This instruction shall be offered as needed or requested by the TOWN. LEXMEDIA shall record such training sessions for viewing through the On-Demand capability on LEXMEDIA's website. Training shall be arranged through the Town Manager's office. 3.7 LEXMEDIA shall continue to develop and maintain a website that provides Internet access to streaming of LEXMEDIA's PEG channels, access to On-Demand programming, schedules of upcoming programming for all three PEG channels at least one week into the future, and lists training and volunteer opportunities available at LEXMEDIA. IV. POLICIES AND OPERATIONS 4.1 The LEXMEDIA Board of Directors, with the advice and counsel of the Executive Director of LexMedia, shall manage funds designated for PEG Access television, schedule PEG Access broadcasting, manage and maintain PEG Access facilities and equipment, and be responsible for ensuring an acceptable level of technical quality of all programs broadcast on its system, pursuant to FCC regulations. 4.2 LEXMEDIA shall develop and maintain written operating policies and procedures governing its financial operations, personnel, membership, training requirements, volunteer supervision, management of access facilities and equipment, outreach activities and the frequency and scheduling of programming. The LEXMEDIA Board of Directors shall periodically review and make improvements to such policies and procedures as they deem appropriate. LEXMEDIA shall make such policies and procedures available to the TOWN upon request of the Town Manager or the Chair of the CAC. 4.3 LEXMEDIA shall actively recruit and train volunteers. Paid staff shall be responsible for supervision of all volunteers while such volunteers are in the studio or on location. LEXMEDIA shall develop and publish on its website standards and protocols for volunteers participating in the production of Public, Educational or Governmental programming. 4.4 Any individual working with LEXMEDIA equipment and/or providing LEXMEDIA with content shall meet the following requirements: 1) be a member of LEXMEDIA 2) be trained on any equipment to be used 3) have accepted LEXMEDIA's volunteer guidelines, and 4) be supervised, as appropriate. 4.5 LEXMEDIA shall be held responsible and liable for actions of volunteers and shall purchase insurance in coverages and amounts required under Section XII of the Lexington Cable Access Agreement between the TOWN and LEXMEDIA of which this Exhibit is a part. 4.6 Upon request from the Town Manager, LEXMEDIA directors and staff shall make themselves available to advise the TOWN on matters concerning PEG Access. V. PROGRAMMING LOG 13 5.1 LEXMEDIA shall maintain a log of all programming broadcast on the PEG channels, and a record of PEG producers. Logs shall be available for public inspection and retained by LEXMEDIA for a minimum of three years. VI. LONG TERM OFF-SITE STORAGE 6.1 Broadcast quality copies of all Public, Educational and Governmental Programming for which LEXMEDIA holds copyright shall be stored in the LEXMEDIA Backup Archive Server for permanent retention. LEXMEDIA shall make reasonable efforts to ensure such programming is copied to the Backup Archive Server within one week of its recording date. 6.2 The Backup Archive Server shall be located at a facility that is sufficiently separated from the Primary Video Server in Kline Hall so that it is isolated from the effects of fire, flood, and other disasters that may threaten the Primary Video Server. This is not meant to require recovery from large scale (state- or region-wide) disasters. 6.3 LEXMEDIA shall develop and maintain a method of restoring content from the Backup Archive to the Primary Video Server. LEXMEDIA shall make reasonable efforts to restore content to the Primary Video Server within ten business days in the event of a failure. 6.4 All content in the Backup Archive shall be retained for the life of this or any successor Cable Access Agreement between the TOWN and LEXMEDIA. LEXMEDIA shall employ industry best practices to ensure the continued long-term availability of the content of the Backup Archive. VII. ON-DEMAND ACCESS TO PROGRAMMING CONTENT 7.1 LEXMEDIA shall maintain an On-Demand searchable storage facility for streaming over the Internet programming for which LEXMEDIA holds copyright. LEXMEDIA shall use an On- Demand content management system that is available for access over the Internet 24 hours a day, 7 days a week. The system shall also provide redundant offsite backup that is maintained for the life of the Agreement. 7.2 Governmental meetings shall be made available On-Demand no later than the time of first broadcast of a recorded meeting, or the time of the first repeat broadcast of a meeting that is initially broadcast live. Governmental meetings shall remain available for a period of at least 18 months. All other programming content shall be made available On-Demand no later than one week after initial broadcast, and shall remain available for at least six months. 7.3 All programs in the On-Demand system will be indexed so that they may be discovered by using a search mechanism. The degree of indexing of programs will vary from just the title of the program (typically for Public and Educational programs) to a medium level of detail describing the sections of the program, such as a meeting agenda for Governmental programs where the event is a TOWN public meeting. Access shall be either through the governmental body meeting or the specific topic. Users shall be able to proceed quickly to the agenda item or other section to be viewed. Instructions shall be provided for users of On- Demand and indexing. 7.4 LEXMEDIA will perform the tasks needed to capture and enter the information to allow searching the contents of the On-Demand archive as noted in the meeting agenda. The TOWN and LEXMEDIA will develop a reasonable process for capturing index points and transmitting them to LEXMEDIA. 14 7.5 In the event of a failure of the On-Demand system, LEXMEDIA will make every effort to restore proper operation of this system within three business days of discovery of the failure. 7.6 Any programming removed from the On-Demand system shall be retrievable on request to LEXMEDIA for the life of the Lexington Cable Access Agreement between the TOWN and LEXMEDIA. VIII. FACILITIES AND EQUIPMENT 8.1 LEXMEDIA shall be responsible for managing and maintaining the facilities at Kline Hall, in accordance with the Sublease of Kline Hall by LEXMEDIA from the TOWN, for PEG Access purposes under this Agreement, except that LEXMEDIA shall not be required to pay for the use of TOWN or School facilities used for PEG Access purposes. 8.2 LEXMEDIA shall take whatever precautions are necessary to protect all loaned and owned property. In particular, LEXMEDIA shall maintain a system of non-removable identity tags on all equipment and an inventory log of all loaned and owned equipment so that the whereabouts of each piece of equipment is known at all times. The TOWN reserves the right to verify inventory at any point during the agreement, after giving LEXMEDIA at least thirty days notice of its intent to do so. 8.3 LEXMEDIA shall provide public access production services to those who live, work or attend school in Lexington on a first come, first served, non-discriminatory basis, using LEXMEDIA's facility, equipment, staff and other resources as LEXMEDIA deems necessary and appropriate to fulfill community access needs. LEXMEDIA shall provide public access production services to those who do not meet these criteria only at the discretion of the LEXMEDIA Executive Director or the LEXMEDIA Board of Directors. Anyone using LEXMEDIA equipment and facilities must first be trained and prequalified. 8.4 LEXMEDIA shall coordinate with the TOWN's Director of Information Technology and the Director of Facilities, as appropriate, on the inventory, upgrades, maintenance, and security of equipment and communications (via network or other wireless means) in TOWN buildings used for video production and program origination. LEXMEDIA shall cooperate with the Department of Information Technology in maintaining and operating the off-site Backup Archive Server (or appliance). IX. REPORTING REQUIREMENTS: 9.1 LEXMEDIA shall provide quarterly and year-to-date operating and financial metrics to the Town Manager within 30 days after the end of each fiscal quarter, using the format shown in Exhibit C. LEXMEDIA shall provide explanations for any deviations from target or budget. 9.2 LEXMEDIA shall also provide an annual report that includes audited financials and an overview of the major accomplishments and programming services provided during the preceding fiscal year. 9.3 All reports shall be accessible to the public through the LEXMEDIA website. X. PERFORMANCE ASSESSMENTS: 10.1 Quarterly Reviews Within 30 days of receipt of LEXMEDIA's quarterly report after the end of each fiscal quarter, the CAC will review the quarterly metrics submitted by LEXMEDIA as detailed 15 above. LEXMEDIA may be asked to provide additional information or clarification. LEXMEDIA shall attend at least those meetings of the CAC at which the CAC reviews the quarterly metrics. 10.2 Annual Reviews After receipt of the annual report including the audited financial statements, the Chair of the CAC will meet with the Chair and Executive Director of LEXMEDIA to discuss any questions or issues. 10.3 Public Feedback Prior to the beginning of each two-year extension term, LEXMEDIA shall take part in a public hearing conducted by the CAC on behalf of the TOWN. The purpose of this hearing will be to solicit comments from the Town residents regarding the services provided by LEXMEDIA. Those public comments, together with the reviews of the quarterly and annual reports, will contribute to the CAC's determination of how well LEXMEDIA is meeting its contractual responsibilities. It is the intent of the TOWN to use the CAC's report on the performance evaluation in making a decision regarding extension of the agreement. 10.4 Presentation to the Select Board Prior to the beginning of each extension term, LEXMEDIA shall attend a meeting of the TOWN Select Board to present a report of its operations, discuss its funding, and respond to any questions the Board may have. XI. ADDITIONAL REQUIREMENTS: 11.1 Updated business and capital plans, and corresponding level of service to be provided by LEXMEDIA, shall be set for each two-year extension term prior to the beginning of that extension term. 11.2 An up-to-date list of the membership of the Board of Directors shall be posted on LEXMEDIA's website. 113 From time to time, the CAC may request information from LEXMEDIA or request certain actions to be taken by LEXMEDIA. LEXMEDIA shall only be required to respond to requests coming from the Chair of the CAC or his/her designee. XII. TOWN MANAGEMENT PORTION OF EMERGENCY NOTIFICATION 12.1 LEXMEDIA shall provide the capability to superimpose a "crawl", a message across the bottom of each of the three PEG Access channels, which will allow the TOWN to put emergency information immediately in front of TOWN residents. To fulfill this capability, LEXMEDIA shall provide the equipment needed for such superimposition, and develop an access controlled web-based interface so that authorized TOWN officials can have access to control what is scrolled across the bottom of PEG Access Channels from the Town's Central Dispatch Center located at Police Headquarters. LEXMEDIA shall train TOWN staff in the operation of this capability. 16 EXHIBIT B: SCHEDULE OF PAYMENTS In exchange for providing services under this Agreement as described in EXHIBIT A, LEXMEDIA shall be paid as follows: 7/1/2020 7/1/2021 to 6/30/2021 to 6/30/2022 Operating Expenses $500,000 $507,500 Capital $35,000 $35,000 TOTAL $535,000 $542,500 All invoices for services rendered by LEXMEDIA to the TOWN shall include a detailed description of the services performed and any expenses incurred. The invoice shall be in such form and contain such detail as the TOWN may reasonably require. The TOWN shall pay LEXMEDIA on a monthly basis for Operating Expenses upon issuance of a monthly invoice equal to one-twelfth of the annual amount. Invoices issued by LEXMEDIA to the TOWN are due and payable within 30 days of receipt. Payments for Capital for each year shall be made by the TOWN, in lump sum, when all prior payments for Capital have been fully expended by LEXMEDIA. Unless otherwise provided for by a successor contract or contract extension, any unexpended balance of Capital funds paid to LEXMEDIA shall, at the expiration of the term of this agreement be repaid to the TOWN no later than sixty (60) days after expiration, or withheld from the final monthly payment for operating expenses. Any Capital unexpended by LEXMEDIA under the previous Lexington Cable Access Agreement shall be carried over to this Agreement. All funding is subject to Town Meeting authorization of the PEG Revolving Fund. Further, the TOWN retains the sole right to cancel or renegotiate this contract at the end of each contract term if sufficient funds in the PEG Revolving Fund are not received from the cable providers. During June of the second year of the initial contract term and of the first extension term, LEXMEDIA shall meet with the TOWN Select Board to review the financial terms of this contract for the coming extension term and determine whether any financial adjustments or adjustments in the level of services provided are necessary. Said adjustments shall be in writing via a contract amendment and shall not be effective until signed by the TOWN and LEXMEDIA. 17 EXHIBIT C: QUARTERLY REPORTING LEXMEDIA QUARTERLY REPORT:FY 2021,Quarter xx Comments re deviations from Annual Budget Q1 Actuals Q2 Actuals Q3 Actuals Q4 Actuals target/budget Quarter YTD Quarter YTD Quarter YTD Quarter YTD Programming: No.of hours of Public Programming No.of hours of Educational Programming No.of hours of Governmental Programming No.of hours of LexMedia Produced Programming Government meetings: No.of required meetings covered No.of additional meetings covered OnDemand: No.of On Demand programs available Training: No.of residents trained No.of Town Staff,Board,Committee members trained Complaints: No.of complaints received and disposition Financials: Operating Expenses Capital Expenses(attach list of capital equipment purchased and its cost) Fund Raising Staffing: Full time equivalent staff AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review Request for Donor Plaque - Lexington Visitors Center PRESENTER: ITEM NUMBER: Jill Hai, Select Board Liaison to Tourism Committee I.11 SUMMARY: The Tourism Committee is seeking permission to recognize donors who have contributed to the new Visitors Center. It is being proposed to eventually have in place a plaque that will complement the exhibits within the building. The attached draft language was developed and voted by the Tourism Committee. If approved, the template would be stylized on temporary materials to hang upon the opening. This template can be reprinted periodically to reflect new donations. When the time is right to make it permanent, the Committee would return to the Select Board for final approval. The Tourism Committee indicated they have consulted both the Economic Development Coordinator and the Visitors Center Manager. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 9:05pm ATTACHMENTS: Description Type D DRAFT T wnutdo n C.uba oirirss Backup IW mammal Visitors Center Bestowers The Visitors Center was built through the generosity of the taxpayers of Lexington in collaboration with gifts and grants from these generous partners: Commanders $100k+ Historians $50,000— 99,999 Midnight Riders $25,000 - $49,999 Drummers $10,000 - $24,999 Fifers $ 5,000 - $9,999 Farmers $1,000 - $4,999 Reenactors $500 - $999 Spinners $250 - $499 Stone Masons $100 - $249 Patriots — up to $99 We would also like to thank the many visitors and residents who have contributed anonymously through the donation box. A permanent plaque will be put in this space. If you would like to bestow a gift towards the Visitors Center Project, we would be happy to add your name to the plaque. If you have made a contribution and your name is missing, please let a staff member know so we can add you with our thanks. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Next Steps for Social Racial Equity Initiatives PRESENTER: ITEM NUMBER: Jill Hai and Doug Lucente I.12 SUMMARY: Select Board member Jill Hai will discuss progress in working with NLC REAL(Racial Equity and Leadership) and GARE (Government Alliance on Race and Equity) and othe options and Select Board Chair will update the Board on discussions with ABCL over the past week. This week, we applied for membership with GARE and will know in the next two weeks whether it's been accepted. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 9:15pm ATTACHMENTS: Description Type (;All&y; Cover mc ma D Ss MbnMI.nn evrruPMiSCM ups L.P D I'Uh6es (.;W01 Memo D 111)4..Dr e ofl,'oiiice,61rollicy 4.OVCr MC Government Alliance on Race and Equity(GARE) Background The Government Alliance on Race and Equity(GARE) is working to advance racial equity and increase opportunities for all communities. GARE is building the field of practice to advance racial equity within and through government. GARE was launched by the Haas Institute for a Fair and Inclusive Society(HIFIS) at the University of California Berkeley in early 2014. In the Fall of 2015, GARE was established as a joint project of HIFIS and the Center for Social Inclusion (CSI),with GARE formally establishing itself as a program of CSI. In 2017, CSI merged with Race Forward, a national tax-exempt non-profit organization that catalyzes community, government, and other institutions to dismantle structural racial inequity and create equitable outcomes for all. Race Forward crafts and applies tools and strategies to transform our nation's policies and practices, in order to achieve racial equity. Core Members Core Members are those jurisdictions that have made a commitment to advancing racial equity across the breadth (all functions) and depth (from frontline staff to appointed and elected leadership) of their jurisdiction.This commitment can be demonstrated by development and implementation of a Racial Equity Work Plan or Strategic Plan, integration of racial equity into other strategic or operational plans, use of a Racial Equity Tool in routine decision making, and/or adoption of legislation that describes the jurisdiction's commitment. Core Member benefits include: • Access to GARE Monthly membership meetings, monthly member webinars, and members-only tools and resources • Access to Members-Only Working Groups • Technical assistance from Regional Managers and other experts in our network • Complimentary administration of a jurisdiction-wide employee equity assessment • Access to the GARE Members-Only Portal for documents library, member forum, and discussion groups • 10%off GARE Training (see attached list) • Complimentary tickets to GARE Annual Meeting dependent on size of jurisdiction • Eligibility to apply to the Innovation and Implementation Fund (quarterly grants from $5,000- $20,000)for innovative racial equity practices that center community engagement • Speaking opportunities and publication opportunities during GARE Events or on the GARE Blog • In addition to being a part of a peer-to-peer Network, Core Members have access to training and facilitation from GARE and its Technical Assistance Group (as delineated on an annual basis in the work plan); members-only resources that support peer-to-peer connections; specific tools, such as the Racial Equity ScoreCard and Results Based Accountability software; and support on the development of new policies and implementation of best practices via issue papers. An Implementation and Innovation Fund (grants of$5,000-$20,000) are available to Core Members on a quarterly basis in 2018. tA 0 A.!V. APRIL 191- -N G"T MEMORANDUM TO: James Malloy, Town Manager FROM: Mark J. Corr, Chief of Police DATE: June 25, 2020 SUBJECT: Crosswalk: Lexington Police "Use of Force — Defensive Actions" Policy and "#8cantwait" Initiative Quote from the forward of the Lexington Police Policy Manual "The police officer on the beat or in the patrol car makes more decisions and exercises broader discretion affecting the daily lives of people every day and to a greater extent, in any respects, than a judge will ordinarily exercise in a week. No law book, no lawyer, no judge can really tell the officer on the beat how to exercise this discretion perfectly in every one of the thousands of different situations that can arise in the our to hour work oft e police officer. "Yet we must recognize that we need not choose between no guidelines at all and perfect guidelines. There must be some guidance by way of basic concepts that will assist the officer in these circumstances." US Supreme Court ChiefJustice Warren Burger Putting 'Use of Force' Policy in context Any review of the Lexington Police Department's "Use of Force — Defensive Actions" policy 41B cannot be done in a vacuum. This policy is one of approximately 110 Lexington Police policies that govern a police officer's conduct. Policies that govern ethics, discipline, harassment, performance evaluations as well as internal affairs and maintaining professional standards can all be found on the Lexington Police Department's webpage under "About the Lexington Police Department." Furthermore, the Commonwealth's Supreme Judicial Court and the Legislature have set very high standards for policing. Case law that controls police actions as it pertains to arrest, search and seizure, and other actions are the strictest in the country. For those interested in further reading, some materials that are studied by police officers and are used for promotional exams: Criminal Law 2020 and Criminal Procedure 2020 by Paula Heagney; Motor Vehicle Police Manual 2020 and Juvenile Law Police Manual 2020 by J.S. Sheft. #8cantwait and Lexington Police Policy Manual The initiative "#8cantwait" emphasizes the importance of eight guiding principles that reduce the likelihood of excessive force by police officers. The following crosswalk is a guide to where the Lexington Police use of force guidelines align to these eight principles. 1) Ban chokeholds & strangleholds Page 2, Definitions, #4. "Lethal Force: is the degree of force likely to result in death or serious bodily injury. This includes but is not limited to the use of department-approved firearms. Strangulation and choke holds (or any action that restricts the airway and/or carotid arteries) is deadly force." Page 3 to Page 6, Progression of Force Lexington has a use of force continuum or `use of force model' that mirrors the training provided by the Commonwealth's Municipal Police Training Committee (MPTC). In the intermediate sections (Level 3 and Level 4 on page 5) the restraints taught to officers are identified. I can attest that since attending the police academy in 1983, the Commonwealth and Lexington has never taught strangle or choke holds. The training does emphasize the importance of avoiding face, neck, and spinal strikes or restraints. Page 10, H. Lethal Force, item #3f A ban of holds or defensive action must consider a reality in police work, as covered by this language: "Officers who find themselves weaponless and/or prevented from having access to an issued weapon and confronted with deadly force may defend themselves and/or others by whatever means necessary to survive the encounter." 2) Require De-escalation De-escalation is a required learning point in the MPTC recruit academy and is required in annual in-service training. The value and dignity of human life is captured in the opening paragraphs of the Use of Force policy: "The Lexington Police Department places the highest value on the life and safety of the public and our officers. A reverence and respect for the dignity of all persons and the sanctity of human life shall be reflected in all training, leadership, and procedures of the Lexington Police Department. The Department's regulations, policies, and procedures 1 Lexington adopts model policies made available by the Municipal Police Institute a division of the Massachusetts Chiefs of Police Association. We then edit the policies to meet Lexington's expectations. Page 2 of 8 are designed to ensure that this value guides officers in their use of force. All officers of the Lexington Police Department will use only the force necessary to accomplish lawful objectives P .,, ,j2. Since officers will encounter a wide range of situations, they must be prepared to utilize a range of force options that are reasonable to maintain control, deescalate and avoid physical confrontation, overcome resistance to the officers' lawful instructions, and to protect themselves and community members while minimizing the potential for injuries. Due to the uncertainty and rapidly changing nature of these situations, no written policy can offer definitive answers to every situation in which the use of force might be appropriate. Rather, this policy's guidelines and Municipal Police Training Committee guidelines will provide officers with a basis on which to utilize sound judgment in making reasonable and prudent decisions." Throughout the policy, de-escalation is an important strategy and can be found on: Page 3, B. Progression of Force, item #1 and Page 6, D. Use of Non-Lethal Force, Item #1 both state: "The officer's response options within each of the five force levels identified in the Use of Force Model are not necessarily listed in the order of use and/or need. The officer should de-escalate, stabilize, or escalate his/her response based upon his/her risk assessment and the perceptions of the subject's degree of compliance or non-compliance." Page 10, Lethal Force, item #3c. "Officers shall give voice commands prior to discharging a firearm if time and/or circumstances allow." The Department has an entire policy 41-0 dedicated to "Responding to the Mentally III" which seeks to guide officers to recognize mental health as a contributing factor to potential police confrontations. De-escalation is an important strategy for officers to successfully manage these difficult situations. 3) Require warning before shooting. Lexington Police policy is consistent with the legal standards established by the United States Supreme Court and the Commonwealth's Supreme Judicial Court, in particular Graham v. Connor. In this case, an officer's use of force must be objectively reasonable. See page 2, Definitions, item #9. 2 1.3.1 is a Massachusetts Police Accreditation Commission, Inc. mandatory standard that requires, "A written directive states personnel will use reasonable force when force is used to accomplish a lawful objective." Page 3 of 8 "Objectively Reasonable: in determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of the known circumstances including, but not limited to, the seriousness of the crime, the level of threat or resistance presented by the subject, and the danger to the community." Page 8, Less Lethal Force, Item 4e also requires verbal warnings. "e. When practical, other officers should be advised of the deployment prior to the discharge of the shotgun -- the officer firing the less lethal munition shall announce in a loud voice, "Bean Bag" immediately prior to discharging the weapon." Page 8, Less Lethal Force, Item 4f. "f. During the deployment of the less lethal munitions, the officer in charge of the incident should constantly evaluate the option selected against changing circumstances." Page 10, Lethal Force, item #3c. "Officers shall give voice commands prior to discharging a firearm if time and/or circumstances allow." Page 10, Lethal Force, item 3b. "Officers shall not discharge their firearms to threaten or subdue persons whose actions are destructive to property or injurious only to them unless such actions are an imminent threat of death or serious bodily injury to the officer or others." Voice instructions and warnings are part of all training that may involve an arrest and all levels of the use of force model. 4) Requires exhaust all alternatives before shooting Page 1, third paragraph. "Due to the uncertainty and rapidly changing nature of these situations, no written policy can offer definitive answers to every situation in which the use of force might be appropriate. Rather, this policy's guidelines and Municipal Police Training Committee guidelines will provide officers with a basis on which to utilize sound judgment in making reasonable and prudent decisions." The use of alternatives has been addressed in previous sections (Page 3, B. Progression of Force, item #1) and will also be addressed in "Require use of force continuum" in #8cantwait item 7 below. Page 4of8 Page 10, item 3a. "Officers may discharge their firearms only when doing so will not unreasonably endanger innocent persons." Page 10, item 3d. "Officers shall not fire warning shots. 1[1.33]" 5) Duty to intervene Page 11, item J. Duty to Act. "1. Officers/Employees have a duty to prevent and stop illegal and inappropriate use of force that violates any applicable law and/or Department policy. Any officer/employee who observes an officer preparing to or using force that is illegal, excessive, or otherwise inconsistent with this policy must, absent extraordinary circumstance, do whatever he/she can to interrupt the flow of events to stop unlawful, excessive, or inappropriate actions. Supervisors observing such a violation must issue a direct order immediately to stop the action. 2. Officers/Employees have a duty to report the use of force that is illegal, excessive, or in violation of this policy. A supervisor will be notified verbally as soon as possible. Furthermore, a written report will be submitted to the Chief of Police. 3. No one is permitted to retaliate, in any form, against an officer/employee who intercedes or reports a violation of this policy, or who cooperates with an investigation into a possible violation of this policy." Although #8cantwait may not reference medical intervention, the Lexington Police policy requires officers to provide immediate medical attention after using force of any kind where there is an injury or complaint of pain. 6) Ban shooting at moving vehicles Page 10, Lethal Force, item #3e. "Officer shall not fire at or from a moving vehicle unless there is imminent threat of death or serious injury to the officer or others and there is no opportunity to escape the path of the moving vehicle." The Department's policy governing "High Speed Pursuits" 41-D further addresses shooting at moving vehicles. Page 5 of 8 Page 14, O. Forced Stopping, item #2. "Use of Firearms a. Discharging a firearm at a moving vehicle by an officer is prohibited, except to defend said officer or another when the occupant of the pursued vehicle is employing deadly force which the officer reasonably perceives as an imminent threat of death or physical injury, and the officer reasonably believes that [s]he will not endanger innocent persons. b. Shooting at a fleeing vehicle or a vehicle that is going away from the officer and is no longer an immediate threat is prohibited. Under such circumstances, officers should be aware of the potential inability of a bullet to penetrate metal or glass surfaces of an automobile and the likelihood of ricocheting bullets causing injury to innocent persons. c. The use of firearms during a pursuit shall be governed by Departmental policies on "Use of Force" and "Firearms." 7) Require use of force continuum Starting on page 3 through page 6, the `Progression of Force" or "Use of Force Model" outlines the force continuum. "Progression of Force: [1.3.1'1 1. The officer's response options within each of the five force levels identified in the Use of Force Model are not necessarily listed in the order of use and/or need. The officer should de-escalate, stabilize, or escalate his/her response based upon his/her risk assessment and the perceptions of the subject's degree of compliance or non-compliance. 2. The force tactics listed in each of the five force levels identified in the Use of Force Model are those tactics in which the officers are trained. The Lexington Police Department recognizes that there are other methods and tactics that can be used at each of the levels of authority. If a tactic is used that is not listed, it must be objectively reasonable as it relates to the officer's risk assessment and the subject's action. " C. Use of Force Model: LEVEL ONE:The Compliant Subject LEVEL TWO" The IResMant(passive)Subjeg:;�t LEVEL.1OUIU""IU"'llue ssaUl:iive(bedlly harinn)Subject LEVEL FIVE:The Assaultive(serious bodily harm,death)Subject [The chart for each level is available in the policy on page 4, 5 and 6] Page 6 of 8 8) Require comprehensive reporting Page 11, "Defensive Action and Use of a Firearm Reporting" requires officers to submit reports when force is used. The IlNlua:�,^ numbers represent accreditation standards as defined by Massachusetts Police Accreditation Commission, Inc. All reports are reviewed by the Chief of Police. "An officer shall immediately notify and fully inform the Commanding Officer, followed by a written report, whenever he/she: a. Discharges a firearm for any reason except for training or competition on an approved range. 1[1.16(a)] b. Takes any action that results in, or may result in claims of, injury or death of another person. �1 3.6(lbfl c. Takes a defensive action to overcome a subject's resistance to a lawful police purpose. This typically will not include verbal commands, mere touching, escorting, and handcuffing of compliant individuals. I[1-16(d)] d. Draws and points a firearm. 11:1.16(c)i" Furthermore, on page 11, section K, "Written Reports" the policy further explains what is expected in a report. On page 12-13, Section K, item #5 requires the additional submission of a "Defensive Action Date Report". "DEFENSIVE ACTION DATA REPORTS(DAOR) will be used to collect statistical data on the demographics and types of incidents where force was shown/used for supervisory review and training. a. Each officer who is directly involved in a defensive action will complete a DADR. Witness officers are not required to complete a DAOR. b. One DADR will be submitted for each person upon whom force was shown/applied. When multiple individuals are involved in an incident, each person is unique and the defensive actions identified in the DADR should be specific to that person. c. DADR data is based on the best information known to the officer. When checking off conditions, pick the best answer that fits the incident. Descriptive data should be brief. d. The DADR is not a substitute for a full incident report and should be given priority after the incident report has been submitted. Each completed DADR will be reviewed by a Commanding Officer. " Policy 52-A "Internal Affairs" also requires the investigation and documentation of all complaints. Page 3, Internal Affairs Function. "Internal Affairs Function. The principal functions of the internal affairs component includes: Page 7 of 8 a. Investigating all complaints, regardless of the source, which allege misconduct by Department employees and/or involve complaints challenging Department policies, rules and/or regulations." Lexington Making Improvements Lexington has taken some very positive steps to improve police services: 1. With union and Town Meeting support, Lexington left the Massachusetts Civil Service hiring process in 2019. The Civil Service system was an impediment to the Town of Lexington finding diversified candidates. The bureaucracy of Civil Service could also force communities to hire candidates that did not fit the profession. As we enter the second year of being non Civil Service, it is our continuing goal to attract a mature, qualified and diversified candidate pool. 2. For 10 years, Lexington has met the Massachusetts Police Accreditation Commission's standards for professional policing. These standards are routinely updated by the Commission for Accreditation of Law Enforcement Agencies (CALEA) founded by the International Association of Chiefs of Police (IACP), the National Organization of Black Law Enforcement officers (NOBLE), the Police Executive Research Forum (PERF) and the National Sheriffs Association (NSA). Lexington will be inspected for reaccreditation in 2022. 3. Almost 20 years ago, Lexington abandoned the Civil Service multiple choice testing for promotion in favor of full assessment centers. Private vendors skilled in the testing and evaluation of candidates use written and verbal exercises before a panel of qualified assessors to measure a candidate's job knowledge and understanding of police supervision. Lexington now requires the police policy manual to be part of the testing material. 4. Lexington has used performance evaluations since the 1970's to measure and improve upon officer performance. Officers are rewarded through the Quinn Bill and educational incentives for associates, bachelors and master's degree in law, criminal justice, sociology and/or psychology. 5. All Lexington Police policies are posted on the website for public review and comment. We continue to strive to achieve best practices such as adopting a full policy on "Bias Based Profiling" 41-H to achieve procedural justice. Public comment or model language may be sent to 1pplliigiiim. Ilexiin toinma„ ov or to Chief Mark Corr at i irir.511ex1in toirnma„�pov. Page 8 of 8 S APRIL IMN 0 MEMORANDUM TO: Mark J. Corr, Chief of Police FROM: John Mazerall, Captain of Administration DATE: January 2020 SUBJECT: 2019 Use of Force Comparative Analysis I recently reviewed the Defensive Action Data Reports (DADR) for the 2019 calendar year to determine the trends, nature, frequency and type of force used by Police Officers in the course of their duties. In addition to determining if there were any training and/or policy issues in need of addressing. During the 2019 calendar year we experienced fifteen (15) use of force incidents documented by 27 officers, compared to 8 incidents documented in 2018. A review of these incidents determined there were different levels of appropriate force used. Type & Reason of Force categories record each officer's individual actions based upon their perception of an event. Tvi)e of Force Used: 23-Weaponless Physical Force 0-Less Lethal—Bean bag O-OC Spray 0-Stop Stocks 0-Service Baton 3-Aiming/Pointing Firearm 0-Firearm Discharge Other: 3-remove firearm from holster, 1-arm bar take down Reason for Use of Force: 7-Effect Arrest 7-Self-Defense 15-Restraining for subj own Safety 0-Prevent Violent Forcible Felony 1-Other: 2PC 11-Defense of Others -----------------------------—------------------------------------------------------------------------—-- Race & Sex of Involved Subjects: 1-Hispanic 9-White 3-Black 2-Asian 0-American Indian 0-Pacific Islander 0-Unknown 10-Male 5-Female 0-Non-binary 0-Unknown Indication of Impairment: 6-Alcohol 1-Drugs 7-Mental Illness/sec, 12 Injuries: 0-Officer Injured 1-Subject injured 0-31dparty injured Upon review it appears that officers are using defensive actions, which are appropriate to the situations in which they are involved. Annual Use of Force trainings should continue to reinforce the appropriate use of force through instruction in the LPD Use of Force Policy and current case law; taught by both in-house and in-service trainings. Lexington Police Department Tel: (781)862-1212 1575 Massachusetts Avenue,Lexington, MA 02420 .. Fax:(781)863-1291 .......... ....................................................... AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Collective Bargaining Agreement - DPW Union PRESENTER: ITEM NUMBER: Kelly Axtell, Deputy Town Manager I.13 SUMMARY: Attached please find the MOUs for agreements reached with the DPW Union for the period FY19-21 and FY22-24. As per previous discussions with the Board, this maintains a 2.0% COLA each year and makes other adjustments to the pay as indicated in the MOD's so that by the end of FY24, the Lexington DPW staff will be at the median of the comparable coinrnunities. All of the provisions of the contract are as authorized by the Board. SUGGESTED MOTION: Move to authorize the Town Manager to execute the MOUs with the DPW Union and subsequent contract documents for the contract periods FY19-21 &FY22-24. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 9:30pm ATTACHMENTS: Description Type Memorandum of Understanding Between The Town of Lexington And The Department of Public Works AFSCME, Local 1703 The Town of Lexington and the Lexington Department of Public Works, Local 1703,hereby agree to the following amendments to the collective bargaining agreement dated July 1, 2016 to June 30, 2018: 1. Article 38, Effective Date and Duration: The agreement shall continue in effect to and including June 30,2021. 2. Article 34, Wage Schedule: 34.1: Wages • FY2019 2.0% base wage increase, effective 07/01/2018 Add 1.0%to top step in all grades • FY2020 2.0% base wage increase, effective 07/01/2019 Eliminate Step 1 in all grades Add new top step (2% for Grades 2-9, 1% Grade 10) • FY2021 2.0%base wage increase, effective 07/01/2020 Add 1.0%to top step Grade 10 Add 0.50% to top Step Grade 9 Eliminate Grade 2 effective 7/l/2020 3. Reclassify Mechanic position from New Grade 3 to New Grade 4. The Information Coordinator position shall be reclassified from New Grade 4 to New Grade 3 when the position next becomes vacant. 4. Article 6 Probationary Period Add new section: 6.5 Employees who are in their probationary period may apply for other vacant positions within other divisions,however,probationary employees will not be considered for the vacancy if there is any non-probationary applicant. If a probationary employee is selected and the employee has been employed by the Town for fewer than six months, his/her one year probationary period will restart on the first day of the new position. This does not preclude the Town's rights under 6.2. 5. Article 6 Probationary Period Add new section: 6.6 Employees who leave the Town's service within the first two years of their employment shall reimburse the Town S540 for the cost of training and license(s) if they were not in possession of the necessary license(s) upon hire. The Town agrees to hold the Union harmless for this cost. 1 6. Article 19 Vacations for Employees Hired BEFORE February 20, 2008 Add new section: 19.2.1 Vacation Requests of Three Consecutive Days or More Requests for vacation leave of three consecutive days or more shall be made in writing to an employee's respective Superintendent at least one week in advance of the first day of the leave requested, unless waived by a Superintendent in an emergency situation. Employees not complying with this requirement may be subject to disciplinary action. 7. Article 20 Vacations for Employees Hired AFTER February 20, 2008 Add new section: 20.2.1 Vacation Requests of Three Consecutive Days or More Requests for vacation leave of three consecutive days or more shall be made in writing to an employee's respective Superintendent at least one week in advance of the first day of the leave requested, unless waived by a Superintendent in an emergency situation. Employees not complying with this requirement may be subject to disciplinary action. 8. Article 26 Uniforms and Protective Clothing Delete language referring to July 1, 2017. 9. Article 26 Uniforms and Protective Clothing 26.1 In the first sentence of second paragraph, change "7 sets" to "9 sets". Effective July 1, 2020 reduce number of sweatshirts from 3 to 2. 10. Article 6 Probationary Period 6.2 Change last sentence of this section to read: "If the employee successfully completes the extended probationary period and has obtained his/her hoisting (Class 2A or better) and CDL license (Class B with air brakes or better), he/she shall move to the next step on the wage schedule." 11. Article 34 Wage Schedule 34.3 Licenses After Hoisting Engineer, add"(2A and 213 only,2A only for all employees hired on or after July 1, 2020)". Delete "Spray", add "Pesticide Applicator's License" Add"Water"before "Sewer". Delete "ASAE". Change "EHP"to "EHAP". 12. Article 34 Wage Schedule 34.3 Licenses Delete FY2013 and FY2014 license stipends. 2 13. Article 34 Wage Schedule 34.4 Snow/Plowing Overtime Incentive Delete "The revised language in Article 34.4 will have a sunset provision of June 30, 2018." 14. New Article 41 Pregnant Workers Fairness Act A. BACKGROUND The Pregnant Workers Fairness Act amends the current Massachusetts statute prohibiting discrimination in employment(M.G.L. c.151B section 4), and expressly prohibits employment discrimination on the basis of pregnancy and pregnancy-related conditions. It also describes employers' obligations to employees that are pregnant or lactating and the protections that these employees are entitled to receive. Generally, employers may not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy-related conditions and have an obligation to accommodate pregnant workers. B. POLICY In accordance with the Pregnant Workers Fairness Act: • The Town will accommodate conditions related to pregnancy, including post- pregnancy conditions such as the need to express breast milk for a nursing child, unless doing so would pose an undue hardship (significant difficulty or expense) on the Town. • Once an employee requests an accommodation, the Town will communicate with the employee to determine a reasonable accommodation for the pregnancy or the pregnancy-related condition. • The Town will not require a pregnant employee to accept a particular accommodation or to begin parental leave if another reasonable accommodation would enable the employee to perform the essential functions of the job without undue hardship on the Town. • The Town will not refuse to hire a pregnant job applicant or an applicant with a pregnancy-related condition because of the pregnancy or pregnancy-related condition if an applicant is capable of performing the essential functions of the position with a reasonable accommodation. • The Town will not deny an employment opportunity or take adverse action against an employee because of the employee's request for or use of a reasonable accommodation for a pregnancy or pregnancy-related condition. • The Town will not require medical documentation about the need for an accommodation if the accommodation requested is for(i) more frequent restroom, food, or water breaks; (ii) seating; (iii) limits on lifting no more than 20 pounds; and (iv)private, non-bathroom space for expressing breast milk. 3 C. PROCEDURE Any employee needing an accommodation for a pregnancy or pregnancy-related condition should contact Human Resources for assistance. 15. Job Descriptions Revised job descriptions dated May 2017 are on file with the DPW Director and copies have been given to the Union. 16. Exhibit A Update Exhibit A to reflect reclassification of two positions within the bargaining unit per MOU dated November 11, 2017, delete positions that no longer exist, and make changes as indicated in 43 above. Exhibit A Lexington Public Works Department Current Classification New Classification Position W-10 6 Equipment Foreman Cemetery Foreman Recycling Facility Supervisor W-9 5 Crew Chief W-6 4 Leadman Information Coordinator Senior Operator(Arborist) Mechanic W-5 3 Shovel Operator W-4 2 Heavy Equipment Operator Tree Climber W-2 1 Laborer Truck Driver Meter Reader 4 17. New Article Automated Vehicle Locator/GPS Permanent AVL/GPS shall be installed in all vehicles and all pieces of equipment operated by employees covered by this bargaining unit. The Town and the Union acknowledge that the primary goal of the Town's use of AVL/GPS and technology monitoring systems in Town vehicles is to maximize services to the public and that these systems may be used for a variety of operations-related purposes. The Town shall not randomly review information available through the AVL/GPS system in order to utilize it for disciplinary purposes unless the AVL/GPS information has been prompted by a qualifying event; for example, a Town employee's visual observation of an alleged misconduct, a resident complaint or an unusual pattern of activity. In the event that the Town uses AVL/GPS information in support of disciplinary actions, that information will be made available to the Union upon request. IS. Payroll Realignment A one-time payroll realignment shall be implemented for all members of the bargaining unit on the payroll which will include the retroactive pay generated by this agreement. This realignment will shift the pay period end date back by five days. As an example: Currently an employee paid on June 30 is being paid for all hours worked through June 30. After the payroll realignment, an employee paid on June 30 will be paid for all hours worked through June 25. Signed this day of 2020 Town of Lexington Department of Public Works, Local#1703 Jams J. Malloy Ron Lochiatto Town Manager President Witness Witness 5 Memorandum of Understanding Between The Town of Lexington And The Department of Public Works AFSCME, Local 1703 The Town of Lexington and the Lexington Department of Public Works, Local 1703,hereby agree to the following amendments to the collective bargaining agreement dated July 1, 2018 to June 30, 2021. 1. Article 38, Effective Date and Duration: The agreement shall continue in effect to and including June 30,2024. 2. Article 34, Wage Schedule: 34.1: Wages • FY2019 2.0% base wage increase, effective 07/01/2021 New top step all grades • FY2020 2.0% base wage increase, effective 07/01/2022 New top step all grades • FY2021 2.0%base wage increase, effective 07/01/2023 New top step all grades Signed this day of 2020 Town of Lexington Department of Public Works, Local #1703 Jams J. Malloy Ron Lochiatto Town Manager President Witness Witness 1 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Common Victualler License - Lex Donuts LLC d/b/a Dunkin Donuts, 373 Waltham Street PRESENTER: ITEM NUMBER: Doug Lucente, Chair I.14 SUMMARY: The Board is being asked to approve a request for a Common Victualler License for Lex Donuts LLC d/b/a Dunkin Donuts, 373 Waltham Street for the hours of 6:00 a.m. to 10:00 p.m. Monday- Sunday. The applicant has worked with the Health, Building, Fire and Zoning Departments for their respective required permits and inspections. SUGGESTED MOTION: Move to approve a Common Victualler License for Lex Donuts LLC d/b/a Dunkin Donuts, 373 Waltham Street for the hours of 6:00 a.m. to 10:00 p.m. Monday- Sunday. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 9:35pm ATTACHMENTS: Description Type ➢n°xDonuLY➢.lf dlbla I.AnikinDODui4r' '373 Waltham SLrceh 2.0,20 Common Q3aalku}m Material iicftu ales I.Accaise,AnpficaCo n TOWN OF LEXINGTON SELECTMEN'S OFFICE ChCCK* 1008 APRI 19IN INOT $15 . 0o APPLICATION FOR COMMON VICTUALLER LICENSE The Board of Selectmen issues Common Victualler licenses to establishments that cook,prepare and serve food at tables. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington, the Workers' Compensation Insurance Affidavit form, and the declaration page of your workers compensation insurance policy. MA CORPORATE NAME: Le,� A, D/B/A: bLv) Vj, t)(Afs ON-SITE MANAGER NAME AND PHONE NUMBER: [MA 62. BUSINESS ADDDRESS:S� J V2_t f EMAIL ADDDRESS M"HOURS: 6:00 AM A ADDITIONAL INFORMATION: 'Authotized Signature Federal Identification No. or Social Security Number Submit to Selectmen's Office: 1. Application 2. Check for $25.00 (payable to Town of Lexington) 3. Workers' Compensation Insurance Affidavit (including copy of Declaration page of policy) AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Committee Appointment PRESENTER: ITEM NUMBER: Doug Lucente, Chair I.15 SUMMARY: The Board is being asked to appoint Melissa Talal as a member of the Lexington Council for the Arts with a term expiration date of September 30, 2022. SUGGESTED MOTION: Move to appoint Melissa Talal to the Lexington Council for the Arts with a term expiration date of September 30, 2022. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 9:40pm ATTACHMENTS: Description Type D 202.0 Lfoxuigton G,ui.unc°u(gduu the Ails Apgatucsautio n IM 7FaL ll Backup tame,ial APPLICATION FOR APPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: 1._tourism 2. ern, n„uvwa,� 3. 4. Would you consider another Committee: _yes _ — For how long should we keep your application on file? 1 year Full Name: melissa talal Nickname: Preferred Title(please circle) Mr./Ms./Mrs./Other: _ms Home Address: 1475 massachusetts ave#105 Zip: _02420 Length of Residence in Lexington: 8_ Occupation: mental health professional Work Address: 20 Ballard rd Lawrence Phone: Home Work Fax Cell ___.___________..._....www...............__._._ E-mail: Primary: Secondary: _......................................._. _. ........__. __4_ If you currently serve on a Board or Committee, please identify: Special Training, Interests, Qualifications: fluent in French and Spanish; grad student at northeastern univ in global studies Have you been asked by a Committee to become a member?_no How did you hear about the Committee? _out of interest —Please attach a current resume, if possible. Add any comments below or on a separate page. Signature: melissa talal Date: 5/19/20 MELISSA ELLEN TALAL 1475 Massachusetts Avenue#105. Lexin ton, MA 02420 AWW EDUCATION: Northeastern University, Center for Professional Studies,Boston, MA Coursework in Global Studies and International Relations Lesley University,Boston, MA Coursework in International Higher Education and International Relations/Expressive Therapies Middlesex Community College, Lowell, MA Certificate in Hospitality Management University of Texas,Austin,TX Bachelor of Arts in Psychology/Minor in Spanish Sorbonne University,Paris,France Lecture course about French culture RELATED EXPERIENCE NORTHEAST RECOVERY LEARNING COMMUNITY/NORTHEAST INDEPENDENT LIVING PROGRAM Lawrence, MA 2015-present Group Facilitator/Community Bridger: • Function in lead role as Community Bridger • Working on bringing Hi-SET training to Tewksbury State Hospital • Increased popularity of transitional community program in two years that I am in this role • Facilitate groups • Interact with community programs to introduce peers at the hospital and as leader of local office • Create new initiatives for the program at Tewksbury NATIONAL ALLIANCE ON MENTAL ILLNESS, Boston, MA 2013-present Presenter/Mentor: • Present information regarding stigma of mental health problems to groups of insurers,health care professionals, peers and colleges • Survey high schools to identify interest in attending college panel on issues college students face regarding mental health issues • Facilitate groups FREE TRADE ALLIANCE, San Antonio, TX 1997-1998 Intern: • Helped coordinate information related to NAFTA to members of the Alliance • Coordinated membership guidebook • Worked on international issues between different member agencies of the Alliance MEXICAN CONSULATE, San Antonio, TX 1996-1997 Inter/Office Manager: • Coordinated international information office • Provided cultural and travel information about Mexico to visitors of the Consulate • Helped coordinate informational events that took place at the Consulate ADDITIONAL EXPERIENCE LEXINGTON HISTORICAL SOCIETY, Lexington, MA 2016-2018 AMC MOVIE THEATERS, Burlington, MA 2001-2016 Greeter • Interacted with many international visitors • Processed cash and credit transactions • Commended by supervisors for thoroughness and customer relations. SKILLS AND CERTIFICATIONS COMPUTERS: Microsoft Office LANGUAGES: Spanish, French CERTIFICATIONS: Certified Peer Specialist, Hearing Voices Network,National Alliance on Mental Illness, WHAM, WRAP, Massachusetts Leadership Academy AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Meeting Minutes PRESENTER: ITEM NUMBER: Doug Lucente, Chair L16 SUMMARY: Board to review status of Select Board minutes and a proposed format. Attached is copy of the draft minutes that have been written by Select Board Office staff. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/29/2020 9:45pm ATTACHMENTS: Description Type CvpiM,00S`aVutWS Rep orp Backup Material ,mw➢1RAT T'RNs;edn,Minutes firmn period of 9 9 2019to 6 23..2020 Ri k up Maaneiiaal Proposed 1\4111uUes frd,rna horlf D9,G.qv,,sinn June,p52020`ielle(q IIk,ar21CDr ukt Vaa;Vrtulr Material iMinnu k,;(E'mrmpr e) Draft Rave Elctrnc Type Meeting Minutes Meeting Date Time Transcription (BOS,Exec Sess,Summit;Other) i Completed file available By Mon,Sep 9,2019 6:30 PM BOS Meeting SP Mon,Sep 9,2019 7:55 PM Joint BOS/HDC Meeting SP Mon,Se on,SeII YpYII Y2YII3YYII,YYI2IY0YII1YYII9YY YYII YYII 7:00 PM YYII YYIIpp BOS McIIeYYtIiYnYIgYYlI YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII IYYII YYII YYII YYIIKYYIKIYYII YYII YYII YYII YY YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII YYII 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SP Thu,N hu,NI IoIvIII2I I1I,I 2019 019I IIIII 7:00 PM/ Summit lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Otter �y Mon,Dec 2,2019 5:30 PM Executive Session Mon,Dec 2,2019 5:30 PM BOS Otter Joint Meeting(Board of Selectmen,School Committee and Planning Board)for State House Mon,Dec 2,2019 8:00 PM Delegation Otter Tue,Dec 3,2019 4:00 PM Dept Budget Presentation 65 Wed,Dec 4,2019 9:00 AM Dept Budget Presentation Mon,Dec 9,2019 5:00 PM Dept Budget Presentation Mon,Dec 16,2019 7:00 PM BOS SP pjThu, Dec 19,,2p0jp1p9 ppp7::0p0pPpMppp Summit jpIIAppppppppppppppppppppppppppT�ppppppppp pppppOjpttjperpppppp IIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINNIIINIIINIIINIIINIIINIIINIIINIIINIIINIII�pl�ll �I�IIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIVIINIIINIIINIIINIIINIIINIIINIIINIIINIIIN��NIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINV Mon,Jan 6,2020 BOS KK Mon,Jan 13,2020 6:00 PM Executive Session KK Mon,Jan 13,2020 6:24 PM BOS SP Thu,Jan 16,2020 summit III Mon,Jan 27,2020 Executive Session IIMon,Jan 27,2020 Select Board II 40 Mon,Feb 3,2020 Select Board KK Mon,Feb 10,2020 6:00 PM Select Board SP Mon,Feb 10,2020 7:20 PM Joint SB/PB Meeting SP Mon,Feb 24,2020 6:30 PM Executive KK Mon,Feb 2 on,Feb2I I4I,I 2020 020I IIII�II 7:00 PMj/�I Select Board III�II�I 50% I�IIII�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�VWl7�����������III�IIIIII�����IIIIII����IIII�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�I�d11�11N�������������111�111111���������111�111111���111111���� Mon,Mar 2,2020 Select Board 50 Mon,Mar 9,2020 Executive Session KK Mon,Mar 9,2020 Select Board KK Mon,Mar 16,2020 2:00 PM Emergency Select Board KK Fri,Mar 20,2020 9:00 AM Training-Zoom Virtual Meeting KK Mon,Mar 23,2020 7:00 PM Select Board-Virtual Meeting KK Mon,Mar 30,2020 7:00 PM II/Select Board-Virtual Meeting 30% IIII II�� Mon,Apr 6,2020 7:00 PM Select Board-Virtual Meeting KK Mon,Apr 13,2020 7:00 PM Select Board-Virtual Meeting KK pMon, pApr jp2jp7,,2p0jp2p0 ppp7::0p0pPpMppp Select Board-Virtual Meeting KK ppppppppppppp IIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINNIIINIIINIIINIIINIIINIIINIIINIIINIIINIII�pl�ll �I�IIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIVIINIIINIIINIIINIIINIIINIIINIIINIIINIIIN��NIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINIIINV Mon,May 4,2020 7:00 PM Select Board-Virtual Meeting KK Mon,May 4,2020 9:30 PM Executive Session -Virtual Meeting KK Mon,May 18,2020 7:00 PM Select Board-Virtual Meeting Otter Thu,May 28,2020 5:00 PM Executive Session -Virtual Meeting KK Thu,May 28,2020 5:00 PM Select Board-Virtual Meeting Otter Mon,Jun 1,2020 6:00 PM Select Board-Virtual Meeting KK Wed,Jun 3,2020 6:00 PM Select Board-Virtual Meeting KK Mon,Jun 8,2020 6:00 PM Select Board-Virtual Meeting KK Wed,Jun 10,2020 5:00 PM Select Board-Virtual Meeting Otter Mon,Jun 15,2020 7:00 PM Select Board-Virtual Meeting Otter Tue,Jun 23,2020 3:00 PM Town Counsel Interview-Virtual Meeting KK DRAFT Select Board Meeting Minutes for: • Mon, Sep 9, 2019; 6:30 PM; BOS Meeting; SP • Mon, Sep 9, 2019; 7:55 PM; Joint BOS/HDC Meeting; SP • Mon, Sep 23, 2019; 7:00 PM; BOS Meeting; KK • Mon, Oct 7, 2019; Joint BOS/SC- Integrated Building Design; KK • Wed, Oct 16, 2019; 7:00 AM; Fall Fiscal Summit; KK • Mon, Oct 21, 2019; 7:00 PM; BOS Meeting; SP • Thu, Oct 24, 2019; 6:45 PM; BOS Meeting; KK • Wed, Oct 30, 2019; 6:30 PM; BOS Meeting; KK • Mon, Nov 4, 2019; 7:00 PM; BOS; SP • Mon, Nov 4, 2019; 8:32 PM; Joint BOS/HPB- Chapter 4011 &405; SP • Tue, Nov 12, 2019; 6:00 PM; BOS (meeting before STM session); KK • Mon, Nov 18, 2019; 7:00 PM; BOS Meeting; SP • Mon, Dec 16, 2019; 7:00 PM; BOS; SP • Mon,Jan 6, 2020; BOS; KK • Mon,Jan 13, 2020; 6:24 PM; BOS; SP • Mon, Feb 3, 2020; Select Board; KK • Mon, Feb 10, 2020; 6:00 PM; Select Board; SP • Mon, Feb 10, 2020; 7:20 PM; Joint SB/PB Meeting; SP • Mon, Mar 9, 2020; Select Board; KK • Mon, Mar 16, 2020; 2:00 PM; Emergency Select Board; KK • Fri, Mar 20, 2020; 9:00 AM; Training-Zoom Virtual Meeting; KK • Mon, Mar 23, 2020; 7:00 PM; Select Board -Virtual Meeting; KK • Mon, Apr 6, 2020; 7:00 PM; Select Board -Virtual Meeting; KK • Mon, Apr 13, 2020; 7:00 PM; Select Board -Virtual Meeting; KK • Mon, Apr 27, 2020; 7:00 PM; Select Board -Virtual Meeting; KK • Mon, May 4, 2020; 7:00 PM; Select Board -Virtual Meeting; KK • Mon,Jun 1, 2020; 6:00 PM; Select Board -Virtual Meeting; KK • Wed, Jun 3, 2020; 6:00 PM; Select Board -Virtual Meeting; KK • Mon,Jun 8, 2020; 6:00 PM; Select Board -Virtual Meeting; KK • Tue,Jun 23, 2020; 3:00 PM; Town Counsel Interview-Virtual Meeting; KK Selectmen's Meeting September 9, 2019 A meeting of the Lexington Board of Selectmen was called to order at 6:30 p.m. on Monday, September 9,2019 in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Dan Morris, staff representative for AFSCME Chapter Local 93, expressed concern regarding the comparable communities' compensation analysis performed by the Town for the DPW Union negotiations. He requests that the Board receive a full copy of the analysis. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai reported that there are several open vacancies on the Lexington Council for the Arts, as well as one on the Lexington Human Rights Committee. She encouraged residents to visit the Town website and apply for the open spots. She also mentioned that citizens interested in the arts should visit the Town website for a resident artist grant opportunity through the Lexington Council for the Arts that is open until October 5, 2019. Ms. Hai reported that there was a meeting last week between Hartwell Avenue business owners and the Town's Hartwell Avenue consultant to discuss potential economic development opportunities. She stated that the Secretary of Housing and Economic Development, as well as an Assistant Secretary, were in attendance. She said that there was really positive feedback from the State in regards to the collaboration amongst stakeholders and the progress thus far. Ms. Hai also attended a MAGIC meeting that same evening to discuss transportation issues and the correlation to development. She stated that the discussion of such issues allows for the Town to prepare for future increases in traffic. Mr. Pato attended, and spoke at, the opening of the More Than My Religion art exhibition at the Cary Memorial Library. He stated that the exhibit showcases the expression of local Muslim artists. The exhibit will be open for five or six weeks. Mr. Lucente shared that the Town is hosting a blood drive at the Lexington Community Center on September 19, 2019 from 2:00 p.m. to 7:00 p.m. Mr. Lucente iterated that the Town is no longer in civil service, so there are currently eight open positions for entry level police officers at the Lexington Police Department. The deadline to apply for the positions is October 16, 2019, and applicants can start the process on the Lexington Police Department website. Mr. Lucente also stated that he, Mr. Pato, and Mr. Sandeen attended a meeting held by a potential developer for 840 Emerson Gardens Road. The purpose of the meeting was for the developer to hear comments and concerns from the citizens and abutting neighbors on the rough concept of a Friendly 40B development in the area. The developer has yet to share their decision as to whether or not they will continue with their plan for Friendly 40B housing at that location. Mr. Lucente stated that the opening night of Citizens' Academy had taken place the previous week. He had mentioned that Kat Labrecque, Management Fellow, led 30 citizens in the kick off of a 12-week session that will educate them on the inner workings of the Town of Lexington. He reminded the Board that the "hot topics" session, in which they will be featured, will be held on the evening of October 10, 2019. Mr. Lucente concluded with thanking Ms. Hai and Tony Galaitsis for their tireless efforts in organizing the upcoming trip to Lexington's Sister City: Antony, France. He is looking forward to the festivities and cultural experiences of the trip. Ms. Barry stated that on September 10, 2019 at 4:45 p.m., the Lexington Housing Assistance Board (LexHAB) will be holding an informational meeting for all Town employees (municipal and school) to discuss the Employee Housing Program and the process for obtaining an affordable housing option in Lexington. She said that the Board of Selectmen fully supports this program. Ms. Barry mentioned that the Lexington Youth Commission will be holding a fundraising car wash on September 14, 2019 from 8:00 a.m. to 4:00 p.m. at the Belmont Car Wash. Also, the Lexington Council on Aging will be holding a meet-and-greet on October 2, 2019 at the Lexington Community Center, so that members of the community can meet the Board. Ms. Barry stated that last week, she, Mr. Lucente, and Mr. Malloy met with representatives from the Lexington Housing Assistance Board(LexHAB) and the Community Preservation Committee (CPC) to discuss advancing the Leary Project on Vine Street. She stated that there could potentially be a request coming through the CPC at the spring Annual Town Meeting for this project. Ms. Barry concluded with congratulating fifth-generation Lexingtonian and professional baseball player, Christopher James Shaw, on being called up to the Major League for the second year in a row. She stated that Mr. Shaw was called up to the San Francisco Giants and will be playing at Fenway Park on September 17, 2019 through September 19, 2019. Ms. Barry stated that the Board is being asked to sign a proclamation in his honor later on in the evening, and will be naming September 18, 2019 as "Chris Shaw Day" in Lexington. Mr. Sandeen stated that on August 26, 2019,he attended the Lexington Schools Opening Day with Mr. Lucente and Ms. Hai. He also mentioned that he attended two events, on August 29, 2019 and September 5, 2019, that were focused on how to improve commercial space on Hartwell Avenue. He stated that he was appreciative of the Town staff s efforts in coordinating these events, as well as the feedback from the developers. Also,he recently attended an event in the Hanscom Air Force Base area, where they announced that they are making their Hanscom golf course available to the public. Mr. Sandeen concluded by acknowledging King Street Properties for raising a beam for the property at 75 Hayden Avenue this morning, which will become a 220,000 square foot life sciences building with labs. Ms. Hai wanted to clarify a previous statement in regards to the deadline for Cultural Council grant application submissions. The Massachusetts Cultural Council will be accepting grant applications from September 1, 2019 through October 15, 2019. The applications are available at mcc.smartsimple.com and applications displaying certain creativity and diversity will be eligible for additional funding through the Lexington Council for the Arts. TOWN MANAGER REPORT Mr. Malloy stated that there will be two meetings arranged by the Metropolitan Area Planning Council(MAPC)to discuss the National Grid gas leak. The first meeting will take place on September 18, 2019 and will be an organizing meeting that will include Town officials. The second meeting will take place on October 15, 2019 and will include National Grid officials. Mr. Malloy announced that the bike lanes on Massachusetts Avenue in East Lexington will probably be removed this week, as the Minuteman Bikeway has been restored to an improved condition. He had mentioned that at the next Board of Selectmen meeting, the Engineering Department will provide a report on all of the comments that they had received in regards to the temporary bike lanes, as well as some optional design standards to establish better bikeways in that particular area of Massachusetts Avenue. Mr. Malloy mentioned that the Board of Assessors meets every year with a consultant, and this year's meeting will take place on September 7, 2019 at 9:00 a.m. He has invited Ms. Hai and Mr. Sandeen to sit in on the meeting for observation. Mr. Malloy stated that on October 21, 2019, he and Ms. Axtell will be attending the International City/County Management Association(ICMA) Conference. Carolyn Kosnoff, Assistant Town Manager for Finance, will be acting Town Manager in their absence. Mr. Malloy stated that there is a"Household Hazardous Waste Day"taping place on September 15, 2019 from 9:00 a.m. to 2:00 p.m. and a community paper shredding event on September 27, 2019 from 9:00 a.m. to 12:00 p.m. at the Hartwell site. Lastly,he said that there will be a 40tn Anniversary event for Lexpress on September 21, 2019. Mr. Malloy concluded with an announcement in regards to an updated diagram for the National Grid station near Fletcher Park. He recommended that the Board hold off on deciding where the actual station will be located until they determine the future locations of the Hosmer House and Lexington Police Station. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Center Track Update Melissa Battite, Director of Recreation& Community Programs, and Meg Buczynski, a representative from the design consulting firm, Activitas Inc.,provided an update on the Center Track project. Ms. Buczynski informed the Board that the drainage is being established on the field, as well as the caging for the lights, which are due to be installed this week. The track base paving is on schedule to start in the upcoming weeks. The substantial completion is anticipated for November 8, 2019 with a final completion in the spring of 2020. Dawn McKenna, 9 Hancock Street, inquired if the track would be usable during the start of the outdoor track season. She also inquired about the status of the Worthen Road throwing area. Ms. Battite confirmed that the plan was for the track to be usable in April of 2020 with the completion being fully dependent on the weather. She also stated that the Recreation Committee has not yet reviewed the proposed additional items that the community would like to see within the project, including the throwing area. Ms. McKenna asked about two layout changes to tracks being built after 2019, which were approved in June by the National Federation of High School Associations (NFHS), and whether or not they were being incorporated into the current track. Ms. Battite stated that the two layouts changes were being incorporated into the current track being built and it was confirmed with the Athletic Director yesterday. 2. Application: One-Day Liquor License - Lexington Education Foundation Inaugural Golf Classic at Pine Meadows Golf Club, 255 Cedar Street Mr. Lucente explained that at the August 19, 2019 Board of Selectmen meeting, the Board reviewed and discussed the request from the Lexington Education Foundation(LEF)for a one-day liquor license to serve beer,wine, and breakfast spirits for the purpose of their LEF Inaugural Golf Classic event to be held at Pine Meadows Golf Club, 255 Cedar Street, on Friday, September 27, 2019. At that meeting, the Board had asked for additional information regarding the allowance of donated alcohol for one-day liquor licenses prior to making their decision. Subsequently, the Board of Selectmen's Office contacted Ralph Sacramone, Alcoholic Beverages Control Commission (ABCC) Executive Director, who stated that a non-profit organization can receive donated alcohol for a Section 14 Special One-Day Liquor License. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one-day liquor license for the Lexington Education Foundation to serve breakfast spirits from 8:00 a.m. to 8:45 a.m.,beer, wine, and breakfast spirits from 11:15 a.m. to 12:15 p.m., and beer and wine from 2:45 p.m. to 3:30 p.m. at their LEF Inaugural Golf Classic event to be held at Pine Meadows Golf Club, 255 Cedar Street, on Friday, September 27, 2019. 3. Battle Green Use Request- Promotion Ceremony for Lieutenant Trey LaSane, USAF Upon a motion duly made and seconded, the Board of Selectmen vote 5-0 to approve the Battle Green Use request for a promotion ceremony to be conducted for Lieutenant Trey LaSane on the Battle Green on Thursday, September 12, 2019, from 1:30 p.m. to 4:00 p.m. 4. Battle Green Use Request- Location Update for Student Climate Strike Mr. Lucente explained that the Battle Green Use request for the Lexington Climate Strike was withdrawn, as the proponents have changed the location to now be held at the Lexington High School football field, and therefore, no vote was required from the Board. Michelle Tom, Lexington High School student, spoke about the Lexington Student Climate Strike to be held on September 20, 2019. Rick Reibstem, Sustainable Lexington Committee, read a statement from the Sustainable Lexington Committee in support of the Lexington Student Climate Strike. Edward Ganshirt, 48 Fletcher Avenue, encouraged the students to pursue their efforts and to possibly boycott using their vehicles to get to school on the day of the strike. Alessandro Alessandrini, 32 Slocum Road, thanked the students for their efforts. 5. Application: Common Victualler License - Chef Louie's Inc. d/b/a The Hangar, 103 Hartwell Avenue Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Common Victualler License for Chef Louie's Inc. d/b/a The Hangar, 103 Hartwell Avenue for the hours of 7:00 a.m. to 3:00 p.m. Monday through Friday. 6. Grant of Location for Verizon Pole: Lincoln Street- Continued Hearing Mr. Lucente opened the hearing at 7:16 p.m. He stated that this hearing was a continuation from the August 5, 2019 Board of Selectmen's meeting, where the Board was allowing for a site review to be performed by Verizon, Eversource, Town Engineering and abutter, Temple Isaiah. The hearing was regarding new pole P.55/16A, which was originally proposed to be located 42' westerly from current location of existing pole P.55/16 on the northerly side of Lincoln Street. Steve Bigley, a contractor working for utility consultants representing the interests of Verizon New England, Inc., confirmed that Verizon, Eversource, Town Engineering and abutter, Temple Isaiah met onsite to review the pole location in regards to the site line concerns expressed by Temple Isaiah. It was determined that Verizon would change the placement JO pole,P.55/16A, on the northerly side of Lincoln Street to now be 35' westerly(versus the previously proposed 45') from the current location of existing pole, P.55/16, located on the northerly side of Lincoln Street. The Board expressed concern that the plan submitted for tonight's meeting was not updated accurately to reflect the new proposed 35'distance for the pole location. The Board also expressed concern that Verizon has yet to receive a confirmation from the developer on acceptance for the 10' difference in distance on the plan. In addition, the abutter Temple Isaiah, also has not formally agreed on the new location. The Board requested the hearing be continued to the September 23, 2019 Board of Selectmen meeting for Verizon to address these concerns. 7. Grant of Location for Verizon Pole: Sedge Road Mr. Lucente opened the hearing at 7:32 p.m. Steve Bigley, a contractor working for utility consultants representing the interests of Verizon New England, Inc., stated that Verizon New England Inc. and NSTAR Electric Company d/b/a Eversource Energy request permission to locate poles, wires, cables and fixtures (including the necessary anchors), guys and other such sustaining and protecting fixtures, to be owned and used in common by the petitioners, along and across the public way. Mr. Sandeen stated he would like to see the hanging wires on Sedge Road be removed and the guy-wires on Brent Road be repaired. Mr. Pato stated that he would like a policy put in place at a future meeting that would establish guidelines and procedures for the approval of new poles. Upon hearing no further comment, Mr. Lucente closed the hearing at 7:48 p.m. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the placement of one (1) new JO pole, 379/P.1-1 on northerly side of Sedge Road approximately 31' northerly from existing southerly side pole 379/P.1. with the pole contingent upon hanging wires belonging to Verizon in the T-zone being removed and Verizon identifying the owners of the wires, if not their own, and contingent upon guy-wires being repaired on Brent Road as identified. 8. Joint Meeting Board of Selectmen and Historic Districts Commission At 7:55 p.m., the Joint Meeting of the Board of Selectmen and the Historic Districts Commission (HDC)was called to order by both boards to discuss the future of, and the possible relocation of, the Hosmer House. Present for the Historic Districts Commission were: Anne Eccles, Chair; Ed Adelman; Mark Connor; Susan Bennett; Robert Adams; and Lee Noel Chase. Mike Waters, LDa Architecture,reviewed the results of a study performed regarding the purpose of the Hosmer House and its possible relocation. He stated that the study results showed the highest and best use of this building would be as a residence, but more so, as a multipurpose space, noting it could be adapted as a community building at its current site near Fletcher Park. He stated that moving the Hosmer House offsite would not be a practical reality and was beyond the scope of the study, as there is no site to move it to at this time. He stated that the Hosmer House is both valuable in its current location near the police station and as a form of architecture. In conclusion, after hearing from the public and discussing the issue in a working group,he stated that the best use would be for the Hosmer House to remain a house within close proximity of its "sibling" across the street. Mr. Lucente reaffirmed the Board's position from their July 8, 2019 meeting that they were not in favor of the Hosmer House being incorporated as a part of the Lexington Police Station redesign plans. The Board also felt that the Hosmer House should be moved offsite to another location as a historic preservation restricted residential building. Ms. Eccles said that the Historic Districts Commission feels the highest and best use of the Hosmer House would be as a private residence moved offsite. Mr. Connor articulated that the best use for the building would be as a house, however, if removed from its current site, it would lose its context. He expressed concern for setting a future precedent regarding relocating buildings for the Town versus a private resident or developer as it could jeopardize districts all over town, not just within the Historic District. He does not see how the Historic District would benefit from relocating this building. Ms. Bennett showed support for using the Hosmer House as a residence, as well as moving the structure offsite with the protection of a preservation easement held by an appropriate organization. Mr. Adams supports the highest and best use for the Hosmer House as a residence, as well as moving the structure offsite. Ms. Chase expressed concern that past discussions regarding use for the Stone House are now affecting the current work of the Historic Districts Commission and she is hopeful that it does not set a precedent for historic structures going forward. She is concerned that the Hosmer House would lose context if removed from its current site. She is hoping that the focus of the current site, with or without the Hosmer House, would be on making the site prominent, as it is the entryway to the Town. Ms. Hai acknowledged that after attending the listening sessions of the working group for the use of the Hosmer House, she feels as though the best and highest use for the structure would not be for storage and public toilets. David Kanter, Precinct 7 Town Meeting Member, inquired about the timeline for the completion of the new police headquarters design, as well as the timeline for relocation of the Hosmer House. He expressed concern regarding relocation to the future site of the Hosmer House, as he does not want to see the structure having to be moved twice. He also expressed concern for the highest and best use of the house and how it would best support the use of Fletcher Park. He would like to see the funding for the repurposing of the structure come from a brand new funding project. Mike Cronin, Director of Public Facilities, stated that the timeline for the relocation of the Hosmer House, after Annual Town Meeting approvals for the new police station, would be September 1, 2020. Ms. Barry stated that she would like to see a full update on the police station design come before the Board in the near future. Dawn McKenna, 9 Hancock Street, expressed disappointment in the lack of a site master plan. She expressed dismay that the analysis was not specific regarding options for keeping the Hosmer House on the property. Mr. Waters stated that by increasing the effectiveness of the Hosmer House as a hub (by adding a barn and a porch back onto the home and providing a yard) it would encroach upon, and take away from, the use of Fletcher Park. He said that there was no master plan for Fletcher Park because the public made it clear to the working group that the field is considered fairgrounds and should be able to support any activity within the site. The end goal was to maximize the use of the site and not take away from it. Ms. Eccles stated that the HDC is not willing to take a position on the future outcome of the Hosmer House at this time. Ms. Hai mentioned that cost would be a factor in the Town maintaining the property versus it being sold to a private developer. At 8:48 p.m., the Board of Selectmen and the Historic Districts Commission,respectively, voted to adjourn the Joint Meeting. The Board of Selectmen called a brief recess and returned at 8:55 p.m. calling the regular Board of Selectmen meeting back to order. 9. Update from Bicycle Advisory Committee - Bikeway Safety Peggy Enders, Chair of the Lexington Bicycle Advisory Committee(LBAC),presented an update from the committee regarding safety on the Minuteman Bikeway. She stated that in June 2019, Lexington had hosted a Tri-Town Bicycle Advisory Committee, which includes the Towns of Lexington, Bedford, and Arlington, to discuss speed and passing guidelines. From that meeting, the LBAC recommends to the Board that a speed limit of 15mph be posted on the Lexington segment of the Minuteman Commuter Bikeway. The second proposal would be a campaign for bikeway safety and courtesy that would extend beyond signage on the bikeway— including, but not limited to: messaging within schools, media, creating a video,banners, and quarterly tax bills. Ms. Enders went onto discuss bills that went before the House and Senate for a state-guided classification system for electric bicycles (e-bikes). She stated that Lexington could retain the right to restrict,regulate, or prohibit the use of e-bikes in parks,paths, and trails. She stated that a vote was taken earlier in the year that Class I e-bikes would be permitted on the Lexington portion of the Minuteman Commuter Bikeway once the legislation has passed. Currently, the Towns of Arlington and Bedford do not agree with the restriction of Class II and Class III e- bikes on the bikeway. She stated that Class III e-bikes should be prohibited until the state legislation is put into place, as there is growing congestion on the bikeway. Ms. Barry inquired if there was a way to distinguish the difference in classification of e-bikes. Omar Khudari, Lexington Bicycle Advisory Committee, stated that a Class II e-bike would accelerate without pedaling. Class I and Class III are both pedal assist, but can be distinguished by a small decal on the seat post. Ms. Hai questioned the enforceability of the 15 mile per hour speed limit on the bikeway. Mr. Pato stated that if there were a given indication of what the speed limit should be on the bikeway, then the expectation would be set and resolve a courtesy issue regarding speed. He stated that he would like the topic of the speed limit to come back to a meeting in the near future with a motion to vote on it, as well as a draft letter to send to our legislative delegation. Mr. Lucente inquired about mini radars on the bikeway, so that bicyclists would know exactly how fast they were actually going. He stated that he is in favor of the 15mph speed limit, if bicyclists abide by it. David Kanter, Precinct 7 Town Meeting Member, expressed concern regarding safety and regulations. He stated that what Lexington implements on their portion of the bikeway should not be dictated by the Towns of Bedford and Arlington. 10. Review List of Warrant Articles Proposed for Special Fall Town Meeting Review Proposed List of Articles for Upcoming Special Town Meeting Mr. Lucente stated that the Board of Selectmen will be reviewing the 2019 Special Town Meeting draft warrant on September 23, 2019 and they will be signing the warrant on October 7, 2019. He also reminded the Board that the 2019 Special Town Meeting is scheduled for November 12, 2019 and November 13, 2019. Ms. Axtell reviewed the draft list of articles proposed for the upcoming 2019 Special Town Meeting: Article - Reports of Town Boards Officers and Committees • Crematory Study Committee • SPRD Committee Article -Appropriate for Prior Year's Unpaid Bills Article - Rescind Prior Borrowing Article -Appropriate To/From Stabilization Fund Article -Amend FY 2020 Operating, Enterprise and CPA Budgets • $95,000 for Sustainability Director • $30,000 Insurance Adjustments Article -Amend Zoning Bylaw from CD-1 District to the CSX District-7 Hartwell Avenue- (owner petition submitted) Article-Amend Zoning Bylaw and Map (owner petition submitted) - 186 Bedford Street Article—Conservation Land Acquisition Article—Automatic Teller Machine Services Uses in CB Article—25%Design for Hartwell, Eldred Article—LED Streetlight Conversion Ms. Axtell stated that she had left off a possible zoning amendment that is under limited site plan review with the Planning Board. She had mentioned that more information will be available after the Planning Board meeting on September 11, 2019, so the addition of the article is pending. Mr. Sandeen inquired about available funding from state grants for the 25% Design for Hartwell, Eldred, as well as the LED Streetlight Conversion. Mr. Malloy stated that the Town has applied for a MassWorks grant for the 25% Design for Hartwell Avenue, but the receipt is not guaranteed. He stated that the project can go forward if funds are available by town appropriation. He also mentioned that the Town is anticipating a grant of approximately $200,000 through the Department of Energy Resources (DoER) and administered by the Metropolitan Area Planning Council(MAPC). The grant requires the replacement of all LED streetlights by June 30, 2020. Mr. Pato requested that the article title addressing the 25% Design for Hartwell, Eldred be changed as Eldred Street does not intersect with Hartwell Avenue. Ms. Barry inquired about the bike share being listed as a topic for Special Town Meeting in the fall, as it will terminate in October, if not renewed. Mr. Lucente inquired if there were any citizen petitions submitted for Special Town Meeting in the fall. David Kanter, Vice-Chair of the Capital Expenditures Committee, expressed concern regarding the funding for the 25% Design in the Hartwell corridor due to the lack of public connection since the original presentation. He also requested that the Board put forth an article for funding for the Westview Cemetery building. 11. Discuss Board of Selectmen Goal Setting Report and Future Implementation Mr. Malloy stated that the Board is being asked to discuss the reports generated from the facilitated goal setting session held on July 29, 2019 in order to adopt them, as they are written or as may be amended, as their official goals for the next two years. Mr. Malloy stated he is looking into the methods that will be utilized to convey the Selectmen Goals, once approved, to the staff, boards, committees, and the public. In addition, he stated that he will provide quarterly updates to the Board beginning at their first meeting in January 2020, and subsequently, at the first meetings in April, July, October, et cetera for a two-year period regarding the progress towards the goals. Ms. Hai expressed concern regarding the length of the list and the Board's ability to make progress toward or meet each goal listed. Ms. Barry inquired about the implementation of the Board of Selectmen goals being driven by the Board versus Town staff. Mr. Malloy stated that part of the Board of Selectmen goals implementation process would be incorporated into the Town Manager's goals as part of the Town Manager performance evaluation. Ultimately, the goals would be accomplished together. Mr. Sandeen suggested that the Board's goal of diversity, equity, and inclusion be represented more prominently in the goals document, specifically when communicating to the public. He also suggested that he would like the statement regarding developing a plan to implement a Net Zero Action Plan be corrected to "Implementation of the Sustainable Action Plan", which has already been approved by the Board of Selectmen. Mr. Malloy suggested changing the goal to read: "Initiate Implementation of the Sustainable Action Plan". Ms. Barry suggested reordering the bulleted items under the"Community Character" goal. Mona Roy, Chair of the Lexington Human Rights Committee, expressed the belief that there should be more ethnic and racial diversity that is visible at the executive levels of town government. She also stated that the LHRC recommends creating and funding a Diversity, Equity, &Inclusion (DEI) Officer, similar to what the schools have implemented. Rick Reibstem, Sustainable Lexington Committee, reiterated Mr. Sandeen's suggestion regarding modifying the statement about Net Zero to Sustainable Action Plan. Ricki Pappo, 16 Blossomcrest Road,reiterated Mr. Sandeen's suggestion regarding modifying the statement about Net Zero to Sustainable Action Plan. She also suggested adjusting the Sustainability Action Plan goal to mention climate change, as she feels it would be impactful to the students who expressed concerns earlier in the meeting. 12. Ad Hoc Crematory Study Committee Update Ms. Barry, Chair of the Ad Hoc Crematory Study Committee, stated that the committee had a meeting on August 20, 2019, where the responses to the recent survey were reviewed. The survey was sent to 107 cities and towns within the Route 495 area, including direct abutters, and 40 responses were received. She stated that the answers to the survey questions were mixed, as some municipalities seemed confused by the questions, since some of the answers were not applicable. Ms. Barry also stated that the committee had gathered all of the information that was pending on the last page of their report to Town Meeting. She mentioned that the committee voted 5-1 to recommend to the Board of Selectmen that the Town of Lexington not pursue building a crematory(six out of the seven members were present to vote). The committee is now working on writing their report to be completed for 2019 Special Town Meeting. The committee anticipates presenting to the Board of Selectmen at the first meeting in November. David Kanter, Precinct 7 Town Meeting Member, stated that he believes the vote of the committee and objective of the report should be publicly dispersed now. 13. Discuss Town Manager Review Process The Board of Selectmen will discuss procedures for the Town Manager annual evaluation. As per the Board of Selectmen's Policy and Procedures Manual Section II.E.1, each Board member shall individually submit a written evaluation. The Board will then decide if a consensus report can be written or whether individual reports shall be presented. Mr. Lucente stated that Town Counsel, Mina Makarious, had provided a copy of the Supreme Judicial Court Decision Guide for Open Meeting Law Compliance. The Town Counsel had noted the following from said guide: "If a staff member is receiving all of the reviews and compiling them, the reviews would become a public record when that staff member shares them with a quorum of the Board, and the documents should be posted on the Town's website at that time." Mr. Lucente stated that the Board needed to make a decision on the timing and methodology of the Town Manager's review and update the policy accordingly. Currently, it is the policy of the Board to conduct the evaluation in February with a final public report prior to the annual election in March. However, the Town Manager has an anniversary of his hire date in October. Concurrently, the Board policy and procedure indicates that each member would compile information and then submit it, as opposed to utilizing a staff member to gather the information. The Board concluded that the Town Manager's review will take place annually in October to succinct with Mr. Malloy's anniversary of employment. The Board will also send all evaluations to Ms. Katzenback in the Board of Selectmen's Office to compile the information into one document prior to reviewing it. Mr. Lucente will send an evaluation form out to the Board and suggest a timeline for completion and return to the Board of Selectmen's Office. 14. Theater License Renewal- Lexington Venue Mr. Lucente stated that the Lexington Theatre Project, Inc. d/b/a Lexington Venue has submitted the necessary paperwork to renew their two theatre licenses for weekdays and Sundays. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application and issue two theatre licenses to Lexington Theatre Project, Inc. d/b/a Lexington Venue, located at 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies weekdays and Sundays from September 1, 2019 through August 31, 2020. 15. Selectmen Committee Reappointments &Resignations Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint David Horton, Jeanne Krieger and Joe Pato to the Community Preservation Committee representing the Board of Selectmen for a two-year term respectively to expire June 30, 2021. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignation of Rebecca McGowan from the Lexington Council for the Arts effective immediately. 16. Approve and Sign Proclamations Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation in honor of the 100th Birthday of Lions Club of Lexington Member and Life Member, Lewis R. Aronin. Mr. Aronin has been a resident of Lexington for almost 52 years and has been a member of the Lions Club of Lexington for 50 years. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation for the Daughters of the American Revolution in recognition of Constitution Week. The annual celebration takes place the week of September 17th- September 23rd in accordance with Public Law 915. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation for the Lexington Symphony's 25th Anniversary. The Symphony is a group of musicians and supporters who interact with the Lexington community through performances, workshops, concerts, and an educational outreach program. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation in honor of Lexington High School graduate, Chris Shaw,being called up to the San Francisco Giants. Mr. Shaw was promoted to the baseball major leagues from the Sacramento River Cats on September 1, 2019. CONSENT AGENDA 1. Approve Minutes Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the minutes of. May 6, 2019, May 15, 2019 Summit, May 20, 2019, and May 25, 2019. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve,but not release the Executive Session Minutes of. May 6, 2019 and May 20, 2019. 2. Approve Town Celebrations Committee Request for Veterans Day Events Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of the Town Celebrations Committee for the Veterans Day Parade and Ceremonies as presented in their letter dated September 4, 2019. The approval is subject to coordination with Town Manager's Office and Town Staff. 3. Approve One-Day Liquor Licenses Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one-day liquor license for Brookline Bank/LACS to serve wine for the purpose of their ArtWalk/Community Event Reception and Award Ceremony on Friday, October 18, 2019 from 6:00 p.m. until 9:00 p.m. The event will be held at the Lexington office of Brookline Bank, 1793 Massachusetts Avenue. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve three one- day liquor licenses for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of three events on the following dates: ■ An Evening with Branford Marsalis, Thursday, September 19, 2019 7:30 p.m. to 9:30 p.m. ■ Mother of a Comedy Show, Saturday, September 28, 2019 8:00 p.m. to 10:00 p.m. ■ Kenny G, Thursday, October 10, 2019 7:30 p.m. to 9:30 p.m. 4. Approve Lowering the Battle Green Flag on September 11, 2019 The Battle Green Flag has annually been lowered on September 1 lth for the anniversary of 9/11. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to lower the Battle Green Flag on Wednesday, September 11, 2019,the anniversary of 9/11 in memory of all those who lost their lives. ADJOURN Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 11:11 p.m. A true record; Attest: Stacey Prizio Department Assistant Joint Meeting Board of Selectmen and Historic Districts Commission September 9, 2019 A Joint meeting of the Lexington Board of Selectmen and Historic Districts Commission was called to order at 7:55 p.m. on Monday, September 9, 2019 in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue.Mr. Lucente,Chair;Mr.Pato;Ms.Barry;Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; Ms. Katzenback,Executive Clerk;Mike Cronin,Director of Public Facilities; and Mike Waters, AIA, LDa Architecture. Present for the Historic Districts Commission were: Anne Eccles, Chair; Ed Adelman; Mark Connor; Susan Bennett; Robert Adams; and Lee Noel Chase. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discuss Hosmer House The Board of Selectmen and the Historic Districts Commission met to discuss the future of, and the possible relocation of, the Hosmer House. Mr. Waters reviewed the results of a study performed regarding the purpose of the Hosmer House and its possible relocation. He stated that the study results showed the highest and best use of this building would be as a residence,but more so, as a multipurpose space, noting it could be adapted as a community building at its current site near Fletcher Park. He stated that moving the Hosmer House offsite would not be a practical reality and was beyond the scope of the study, as there is no site to move it to at this time. He stated that the Hosmer House is both valuable in its current location near the police station and as a form of architecture. In conclusion, after hearing from the public and discussing the issue in a working group, he stated that the best use would be for the Hosmer House to remain a house within close proximity of its "sibling" across the street. Mr. Lucente reaffirmed the Board's position from their July 8, 2019 meeting that they were not in favor of the Hosmer House being incorporated as a part of the Lexington Police Station redesign plans. The Board also felt that the Hosmer House should be moved offsite to another location as a historic preservation restricted residential building. Ms. Eccles said that the Historic Districts Commission feels the highest and best use of the Hosmer House would be as a private residence moved offsite. Mr. Connor articulated that the best use for the building would be as a house, however, if removed from its current site, it would lose its context. He expressed concern for setting a future precedent regarding relocating buildings for the Town versus a private resident or developer as it could jeopardize districts all over town, not just within the Historic District. He does not see how the Historic District would benefit from relocating this building. Ms. Bennett showed support for using the Hosmer House as a residence, as well as moving the structure offsite with the protection of a preservation easement held by an appropriate organization. Mr. Adams supports the highest and best use for the Hosmer House as a residence, as well as moving the structure offsite. Ms. Chase expressed concern that past discussions regarding use for the Stone House are now affecting the current work of the Historic Districts Commission and she is hopeful that it does not set a precedent for historic structures going forward. She is concerned that the Hosmer House would lose context if removed from its current site. She is hoping that the focus of the current site, with or without the Hosmer House, would be on making the site prominent, as it is the entryway to the Town. Ms. Hai acknowledged that after attending the listening sessions of the working group for the use of the Hosmer House, she feels as though the best and highest use for the structure would not be for storage and public toilets. David Kanter, Precinct 7 Town Meeting Member, inquired about the timeline for the completion of the new police headquarters design, as well as the timeline for relocation of the Hosmer House. He expressed concern regarding relocation to the future site of the Hosmer House, as he does not want to see the structure having to be moved twice. He also expressed concern for the highest and best use of the house and how it would best support the use of Fletcher Park. He would like to see the funding for the repurposing of the structure come from a brand new funding project. Mr. Cronin stated that the timeline for the relocation of the Hosmer House, after Annual Town Meeting approvals for the new police station, would be September 1, 2020. Ms. Barry stated that she would like to see a full update on the police station design come before the Board in the near future. Dawn McKenna, 9 Hancock Street, expressed disappointment in the lack of a site master plan. She expressed dismay that the analysis was not specific regarding options for keeping the Hosmer House on the property. Mr. Waters stated that by increasing the effectiveness of the Hosmer House as a hub (by adding a barn and a porch back onto the home and providing a yard)it would encroach upon, and take away from, the use of Fletcher Park. He said that there was no master plan for Fletcher Park because the public made it clear to the working group that the field is considered fairgrounds and should be able to support any activity within the site. The end goal was to maximize the use of the site and not take away from it. Ms. Eccles stated that the HDC is not willing to take a position on the future outcome of the Hosmer House at this time. Ms. Hai mentioned that cost would be a factor in the Town maintaining the property versus it being sold to a private developer. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to close the Joint Meeting at 8:48 p.m. The Historic Districts Commission voted the same. A true record; Attest: Stacey Prizio Department Assistant Selectmen's Meeting September 23, 2019 A meeting of the Lexington Board of Selectmen was called to order at 7:02 p.m. on Monday, September 23, 2019 in the Selectmen's Meeting Room. Doug Lucente, Chair; Joe Pato; Jill Hai and Mark Sandeen were present, as well as James Malloy, Town Manager; Kelly Axtell, Assistant Town Manager and Kim Katzenback, Executive Clerk. PUBLIC COMMENTS Ron Lochiatto, 1 Turner Road, Maynard, Lexington Department of Public Works employee, expressed concern regarding the comparable communities' compensation analysis performed by the Town for the DPW Union negotiations. David Nagle, 14 Richardson Avenue, Arlington, Coordinator AFSCME Chapter Local 93, Lexington Department of Public Works employee expressed concern regarding the comparable communities' compensation analysis performed by the Town for the DPW Union negotiations. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai reported the Town Celebrations Committee will be meeting with stakeholders in October to gather input on potential adjustments to the 2020 Patriots' Day Event schedule. She also said that the Veterans Day Parade will be held on November 11, 2019 at 10:00 a.m. with ceremonies starting at 11:00 a.m. Ms. Hai stated that the Lexington Human Rights Committee will be offering new programming for the upcoming year. The new programs kick off in November with a panel and movie for"No Hate November"revolving around the impacts of hate speech and a pilot for"Not in Our Schools", which is an annual MLK Day discussion on race. The committee is seeking volunteers to help implement both programs. Ms. Hai concluded with a notification from the Battle Road Scenic Byway Committee regarding the signing of the Reviving America's Scenic Byway Act of 2019 into law yesterday. With this law in place, the committee will now be applying for federal designation. Mr. Pato wanted to remind the community that the Town has a preliminary draft of the Hazard Mitigation Plan for review on the Town's website and the public comment period for the plan will end on September 30, 2019. Mr. Pato mentioned that we are in the middle of Climate Action Week, and on Friday, September 20, 2019, a climate strike was held worldwide. That same day, Lexington High School students organized a local climate strike for the community with over 900 attendees at the high school. After the event, the students delivered a banner signed by attendees, as well as a letter to the Board of Selectmen requesting action be taken here in Lexington with the conversion of school buses and all school buildings to all-electric. Mr. Lucente stated he and Ms. Barry went to Boston's Fenway Park on September 18, 2019 and represented the Board in honoring Chris Shaw, a Lexington resident brought up to the Major League to play for the San Francisco Giants. He was presented with a proclamation, American flag, and a jar of dirt. Mr. Lucente stated that he attended a Human Services Committee meeting, where an update to the committee charge was discussed. He also mentioned that there will be a discussion on domestic violence at the Lexington Community Center on October 17, 2019 at 7:30 p.m. with Dr. Lisa Goodman. Mr. Sandeen stated that he had attended a meeting on September 10, 2019 with Mr. Malloy and Ms. Barry in regards to the Integrated Building [Design] and Construction Policy. Mr. Sandeen had mentioned that on September 11, 2019, he was appointed to the Massachusetts Municipal Association Policy Committee on Environment and Energy. Mr. Sandeen attended the Green Communities Grant Ceremony on September 17, 2019,where Lexington received a$135,000 grant for energy efficiency and lighting projects and on September 21, 2019,he and Mr. Pato attended the Lexpress 401h Anniversary Celebration. Mr. Pato announced that September 24, 2019 is National Voter Registration Day and that there will be an event at Cary Memorial Library on that same day between 3:00-6:00 p.m. for voter registration and information. Mr. Sandeen concluded with a report of a meeting he attended last week in the Town of Arlington with a group of other municipalities regarding a potential working relationship with National Grid on addressing gas leak issues. TOWN MANAGER REPORT Mr. Malloy said that the Integrated Building Design and Construction Policy has been edited for non-substantive changes and they were forwarded to the Board for review. He said that the policy will be brought to a future joint meeting between the Board of Selectmen and School Committee for approval. Mr. Malloy mentioned that an advertisement will be placed for a public hearing regarding the Electric Vehicle Charging Station amendment to the Traffic Rules and Regulations this week. Mr. Malloy indicated that the subject of renewing the bike share program contract will be brought to a future meeting for a discussion regarding continuing participation in the program. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location for Verizon Pole: Lincoln Street- Continued Hearing Verizon requested the hearing to be tabled to allow them additional time to ready the required updated documents. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to continue the Verizon Pole - Lincoln Street hearing to the October 7, 2019 Board of Selectmen meeting. 2. Review of Protected Bike Lanes on Massachusetts Avenue in East Lexington Mr. Lucente informed the Board that the Department of Public Works and Engineering staff are working on reviewing options for protected bicycle lanes on Massachusetts Avenue and will come to a future Board of Selectmen's Meeting to present their findings. 3. Update on Solar Request for Proposal Mr. Malloy said the Town's Solar Request for Proposal team is currently working with Town Counsel and Cadmus Group, the project consultant, regarding the design review, financial benefit to the town and contract negotiations. Mr. Malloy said Anderson/Krieger, Town Counsel, and Ameresco's legal team will discuss the contract terms and conditions and other factors this week in order to have a final draft together to review. Mr. Malloy reported most of the buildings are at 90% completion regarding solar design except for Hastings School and Lexington Children's Place which have the largest of the solar rays that have an impact on making these buildings NetZero. Mr. Malloy stated a more detailed review will be provided to the Board once all of the final details have been negotiated with Ameresco. Mr. Sandeen commented that the request for proposal includes storage components in addition to solar. Mr. Pato stated he feels it is important to complete the Solar and Storage Request for Proposal as soon as possible so as not to miss the best incentive values offered by the State level programs. Mr. Voss, Sustainable Lexington Committee, also stated he also felt the request for proposal should be completed as soon as possible to attain the best incentive values. 4. Review and Discuss 2019 Fall Special Town Meeting Proposed Warrant Articles Mr. Lucente reminded the Board that Special Town Meeting is scheduled to begin on November 12, 2019 and the Board will vote the final warrant at the October 7, 2019 Selectmen's Meeting. Ms. Axtell reviewed the following proposed warrant articles for the 2019 Fall Special Town Meeting: Article I- Reports of Town Boards, Officers, Committees Article 2 -Appropriate for Prior Year's Unpaid Bills Article 3 -Appropriate To and From Specified Stabilization Funds Article 4 -Amend FY2020 Operating, Enterprise, and CPA Budgets Article 5 -Amend Zoning Bylaw from CD-1 District to CSX District- 7 Hartwell Avenue (owner petition) Article 6 -Automatic Teller Machine Principal Service Uses in the CB Recommendation Article 7 -Amend Zoning Bylaw and Map-186 Bedford Street (owner petition) Article 8 -Appropriate Funding for the Route 4/225 Bedford Street-Hartwell Avenue-Wood Street Transportation Improvement Project Article 9—LED Streetlight Conversion Mr. Pato suggested the title for article 6 title be changed to: Amend Zoning Bylaw to restrict Automatic Teller Machine as Principle Service in the Central Business District. Mr. Pato asked for the title on Article 8 be updated to reflect that the scope of the project is for design funds. Mr. Sandeen asked Mr. Malloy for further information regarding the objective for Article 8. Mr. Malloy explained that proceeding with local funding of 25% design plans will show the State that the Town is intent on making progress, and importantly,positions the Town favorably in the competitive state transportation funding process to construct the project as envisioned in the 25% design phase and as completed in the 100% design phase. He said Lexington's place on the Long Range Transportation Plan(LRTP) is safe for now,but would be removed in 2024 if we did not fund 25% design. Mr. Malloy said, as of now, the project is targeted for construction in the 2030-34 time band and the Town is seeking to move the project forward, which is not guaranteed to the 2024-29 time band. He said,regardless of whether the Town decides to self-fund the entire construction costs of a project or to pursue an alternative, the 25% design process is critical to moving any project forward since Bedford Street is a state road, any proposed improvements will be subject to Massachusetts Department of Transportation's (Mass DOT) standard design review process. The Board requested to additional information be presented at upcoming Board meetings regarding articles 3, 4, 5, 6, 7, 8, 9 in order for the Board to be versed on these articles prior to the start of Special Town Meeting. Ms. Axtell noted that it is being targeted to bring articles to the 2020 Annual Town Meeting for the Westview Cemetery Building and the Facilities Master Plan. Mr. Kanter, Precinct 7 Town Meeting Member, suggested there should be a public forum regarding Article 8. In addition, Mr. Kanter expressed he believes an article for Westview Cemetery Building construction funds should be included in the 2019 Fall Special Town Meeting warrant. Mr. Malloy explained the Ad Hoc Crematory Study Committee and the Board of Selectmen, respectively, felt the best course of action will be to receive the report from the Ad Hoc Crematory Study Committee at the 2019 Fall Special Town Meeting and then include an article for Westview Cemetery Building construction funding for the 2020 Annual Town Meeting. Mr. George Burnell, 4 Eaton Street, stated many Traffic Intersection Plans have been discussed throughout the years to address the area around Hartwell area and stated he is available to answer any question the Board may have about these previous plans. Ms. Dawn Mckenna, 9 Hancock Street, expressed she feels Article 8 should be not be brought forth until 2020 Annual Town Meeting until sufficient public forums have been executed and stated she feels a request for construction funds for the Westview Cemetery Building should be on the 2019 Fall Special Town Meeting. Mr. Todd Burger, 386 Lincoln Street, in regards to Article 8, stated he feels there are alternative ways to address the traffic that are not currently being considered to address traffic concerns due to the potential growth of Hanscom. 5. Discuss Dissolving the Police Policy Manual Committee Mr. Malloy said the Police Policy Manual Committee was formed by the Board of Selectmen in 1976 for the purpose of developing the Police Manual. He said Chief Corr had made a recommendation a few years back to the Board of Selectmen that this committee be disbanded and that a working group under the Town Manager be appointed to fulfill the same function since the Police Policy Manual Committee was in conflict with the Selectmen-Town Manager Act. In 2017, the Board did not reappoint the Committee as there were discussions about disbanding therefore this Police Policy Manual Committee is non-functioning at this time. Mr. Malloy stated that the Lexington Police Department is now accredited and many of the policies established by the Police Policy Manual committee are also dictated by the Police Accreditation process. Mr. Pato stated he feels the Police Policy Manual Committee does not conflict with the Selectmen-Town Manager Act and should remain in place by updating the committee charge. Mr. Lucente asked for this agenda item be brought back to a future meeting at which Chief Corr is present in order to discuss this matter further. 6. Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee Update Ms. Hai updated the Board with the progress to date of the Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee. She explained the Committee reviewed the element of the committee's charge which is to gather and provide stakeholder input, housing data and draft a Statement of Values to lead to the ability to have a consultant develop a draft zoning bylaw amendment and warrant article to either revise or replace Section 135-6.9 of the Zoning Bylaw, Special Permit Residential Development, to provide for the creation of more affordable and diverse residential dwelling units. She explained the committee continues to work towards finalizing the committee's value statement. 7. Recap of Trip to Lexington's Sister City, Antony, France Ms. Hai reviewed highlights and special moments from the Lexington delegation's September 13, 2019 trip to the Sister City, Antony, France for the 33rd Annual Foire aux Fromages et aux Vins. 8. Discuss Municipal Vehicle Energy Efficiency Plan Mr. Sandeen stated that one of the priorities in the Sustainable Action Plan was to look at transportation efficiencies. He asked for this topic to be put on the agenda for the Board to discuss what process the Town would begin to take to evaluate and implement energy efficiencies for municipal vehicles, to include electric vehicles when possible. Mr. Malloy stated that as the Town is looking to hire a Sustainability Director, this topic would be included in the responsibility of that person. Once the Sustainability Director is hired,he/she would work with Town Departments as well as obtaining input from Sustainable Lexington Committee in this effort. 9. Discuss Potential Noise Bylaw Revisions Mr. Pato explained residents have complained about the noise from construction projects near their home by jackhammers,pile drivers etc. He said the current Noise Bylaw, §80-4 of the Code of Lexington, allows construction noise between the hours of 7:00 a.m. and 8:00 p.m. seven days a week with no limit on the duration of the project. The residents would like the Town to consider limiting construction on weekends and limiting noise that continues for lengthy periods of time. Mr. Pato stated the purpose of tonight's discussion is to determine if a project should be referred to the Noise Committee and/or or town staff to investigate a potential Noise Bylaw revision. Mr. Malloy said that the Kari Sasportas, Health Director, could work with the Chair of the Noise Committee to assist in the review of the noise concerns and make some recommendations for potential Noise Bylaw changes. Mr. Malloy said, as a point of information for residents, noise related complaints should be directed to the Building Commissioner or Health Director during Town Office Building hours of operation and to the non-emergency Police number on weekends. Mr. Pato stated he hopes that work could be done towards bringing an article to the 2020 Annual Town Meeting to make a change to the Noise Bylaw. 10. Approve and Sign Proclamations Upon a motion duly made and seconded,the Board of Selectmen voted 4-0 to sign the Mental Illness Awareness Week proclamation recognizing October 6-12, 2019 as Mental Illness Awareness Week and sign the Domestic Violence Awareness Month proclamation recognizing the month of October as Domestic Violence Awareness Month. 11.Selectmen Committee Appointments, Reappointments &Resignation Upon a motion duly made and seconded, the Board voted 4-0 to accept the resignation of Sean Osborne from the Human Rights Committee effective immediately. Upon motion duly made the Board of Selectmen voted 4-0 to reappoint members of the following committees: 2020 Vision, Battle Road Scenic Byway, Bicycle Advisory, Board of Appeals Associates, Lexington Center, Communications Advisory, Lexington Council for the Arts, Design Advisory, Design Advisory Committee Associates. Economic Development Advisory, Fence Viewers, Greenways Corridor, Housing Partnership Board, Lexington Scholarship and Education Fund Board, Monuments and Memorials, Noise Advisory, Sustainable Lexington, Tourism Committee, Town Report, Transportation Advisory, Tree Committee and Water and Sewer Abatement Board. The resulting list is appended to these minutes. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Jeanne Krieger to the Battle Road Scenic Byway Committee for a term to expire on September 30, 2022. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Cleveland Coats to the Human Rights Committee for a tern to expire on September 30, 2022. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint Georgia Swann to the Human Rights Committee to the unexpired term ending on September 30, 2021. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to appoint April Wang to the Noise Advisory Committee for a term to expire on September 30, 2022. 12.Support Acton's Nomination to the Boston Regional Metropolitan Planning Organization Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize the Chairman to sign the 2019 MPO Election Nomination Papers from the Town of Acton. CONSENT AGENDA 1. Approve One-Day Liquor License Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a One Day Liquor license for the Cary Memorial Library Foundation to serve beer and wine from 7:00 p.m. to 9:00 p.m. at their Library After Dark Event with CAAL to be held at Cary Memorial Library, 1874 Massachusetts Avenue, on Saturday,November 2, 2019. 2. Water& Sewer Commitments Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Water & Sewer Commitment July Cycle 9 Billing in the amount of$374,100.32; Water& Sewer Commitment August Cycle 9 Billing in the amount of$397,483.28; Water& Sewer Commitment July 2019 Finals in the amount of$26,267.07; and Water& Sewer Commitment August 2019 Finals $26,857.35. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn the meeting at 9:55 p.m. Attest: Kim Katzenback Executive Clerk September 23,2019 Selectmen Committee Reappointments 2020 Vision Committee 3 year term Margaret E. Coppe Dan C. Krupka Battle Road Scenic Byway Committee 2 year term Richard L. Canale Sheila Page Bicycle Advisory Committee 3 Year term Nyles N. Barnert William P. Kennedy Hank Manz Beth Masterman Edward D. McCarthy James A. Osten Center Committee3 Year Frederic S.Johnson Howard L. Levin Jeffrey Lyon Communications Advisory Committee 3 Year term David J. Buczkowski Kenneth T. Pogran Rita V achani Design Advisory Committee 1 Year term Caroline Fitzgerald Richard Friedson Bahig A. Kaldas Timothy D. Lee Alenka Slezak Brigitte Steines Steven A. Vincent Design Advisory Committee Associates 1 Year term Bruce Creager Economic Development Advisory Committee 3 year term, Narain Bhatia John J. McWeeney Fence Viewers 1 Year Term David J. Buczkowski Hank Manz Greenways Corridor Committee 3 year term Donald Grant Keith Ohmart Michael Tabaczynski Housing Partnership Board 3 Year term Harriet J. Cohen Mary S. Haskell Robert Pressman Lex. Scholarship &Education Fund Board 1-year term Thomas O. Fenn,Jr. Julie Hackett Karen Orf David Williams Monuments and Memorials Committee 3-year term Nick Afshartous Lee Minardi Sustainable Lexington Committee 3 year term Paul Chernick Todd A. Rhodes Tourism Committee one year term Marsha Baker Kerry Brandin Margaret Coppe Bernice Fallick Jonathan Himmel Trisha Perez Kennealy Erica McAvoy(Dumont) Dawn E. McKenna Willem Nijenberg Town Report Committee 1 Year Term Nancy Cowen Transportation Advisory Committee 3 Year Term Andra Bennett Sally Castleman Tree Committee 3 year term Jewel Kuljian James C. Wood Water and Sewer Abatement Board 3-year term Loren Wood JOINT MEETING Board of Selectmen and School Committee October 7, 2019 A Joint meeting of the Lexington Board of Selectmen and the School Committee was called to order at 7:17 p.m. on Monday, October 7, 2019 in the Selectmen's Meeting Room, Town Office Building. Present for the Board of Selectmen (BOS): Mr. Lucente, Chair; Mr. Pato; Ms. Barry, Ms. Hai and Mr. Sandeen as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Present from the School Committee were Eileen Jay, Chair; Scott Bokun; Kathleen Lenihan; Depika Sawhney and Dr. Julie Hackett, Superintendent. Integrated Building Design& Construction Policy Mr. Malloy said the Integrated Building Design& Construction Policy has been worked on for the past year. At this point, School Committee, PBC, Sustainable Lexington, DPF, School Superintendent and Town Manager have all contributed to the final document. Mr. Malloy said this document was also reviewed by the Selectmen's Policy Committee. Mr. Malloy noted that should the Board and School Committee approve the policy tonight, the Police Station will be the first building designed under this policy. Upon a motion duly and made and seconded, the Board of Selectmen voted 5-0 to approve the Integrated Building Design& Construction Policy with minor edits. Upon amotion duly made and seconded,the School Committee voted 4-0 to approve the Integrated Building Design & Construction Policy with minor edits Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to close the Joint meeting at 7:20 p.m. The School Committee voted the same. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the Joint meeting at 7:24 p.m. The School Committee voted to adjourn at 7:24 p.m. A true record; Attest: Kim Katzenback Executive Clerk SUMMIT MEETING Board of Selectmen, School Committee, Appropriation Committee, Capital Expenditures Committee October 16, 2019 A Summit was held on Wednesday, October 16, 2019 in the Hadley Public Services Building Cafeteria, 201 Bedford Street. Board of Selectmen (BOS): Mr. Lucente, Chair; Mr. Pato and Ms. Barry, were present, along with Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager, Ms. Kosnoff, Assistant Town Manager for Finance ; Ms. Hewitt, Budget Officer and Ms. Katzenback, Executive Clerk. Also present: School Committee (SC) members: Ms. Colburn, Vice Chair; Mr. Bokun; Ms. Lenihan, Ms. Sawhney and Dr. Hackett, Superintendent of Schools. Appropriation Committee (AC) members: Mr. Bartenstein, (7:04 p.m. arrival); Mr. Levine; Mr. Nichols and Mr. Padaki. Capital Expenditures Committee(CEC)members: Mr. Lamb, Chair;Mr.Kanter; Ms. Beebee;Mr. Cole, Ms. Manz and Mr. Smith. Mr. Lucente called the meeting to order at 7:01 p.m. as did the School Committee and the Capital Expenditures Committee. The Appropriation Committee did not have quorum. Mr. Lucente explained that, due to the nature of the meeting, no public comment would be taken. Ms. Barry indicated she would be recused from any Other Post-Employment Benefits (OPEB) and pension policy discussions as her husband is an employee of the Town; she would participate in the other discussions surrounding policy. Review Recommended Fiscal Guidelines Mr. Malloy stated the principles outlined in the recommended fiscal guidelines are designed to ensure the Town's sound financial condition now and in the future. He defined sound financial condition as cash solvency,budgetary solvency, long-term solvency and service level solvency. Mr. Malloy presented the following fiscal guideline recommendations for the Town: ■ Eliminate the use of free cash for supplementing the Operating Budget. ■ Increase fiscal reserves to reach 16.67 % of general fund operating revenues. ■ Increase appropriations into the capital stabilization fund to assist with future funding of the high school project. ■ Adjust annual appropriation to maintain current target of FY2024 to reach full funding for pension. ■ Maintain a consistent level of funding for OPEB with a target of 35%-100% of the annual service cost. ■ Do not take any actions addressed to Personal Property Tax New Growth at this time. ■ Tax up to the levy limit and appropriate increasing amounts into the Capital Stabilization Fund or other reserves. ■ Prioritize projects in the 5-year capital plan to stay within target ranges of cash capital. ■ Develop and inventory and replacement schedule for all the Town's capital assets to support long-term capital planning. • Reduce debt financing of continuing programs and short lived capital assets such as technology. • Adopt and implement new debt management guidelines that is sustainable for the future. • Continue to utilize the Town's revenue allocation model in future budget development. Mr. Malloy explained these guidelines will be incorporated into the FY2020 budget adjustments for Fall Special Town Meeting and the FY2021 budget development process. He said revenue projections and a preliminary revenue allocation model will be presented at the upcoming Budget Summit. Mr. Malloy stated the Staff will prepare the FY2020 tax recap and proposed tax rates based on these recommendations. Each member of the Capital Expenditures Committee, School Committee,Board of Selectmen and Appropriation Committee was given time to comment on the presentation. Mr. Malloy reviewed the schedule for upcoming financial Future Meeting Dates: • Budget Summit I—October 30, 2019 • Fall Special Town Meeting—November 12-13, 2019 • Budget Summit 11—November 21, 2019 • Set the FY2020 Tax Rate—December 2, 2019 • Begin FY2021 Budget Hearings—December 3, 2019 • Budget Summit III (White Book)—January 16, 2020 Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to adjourn at 8:10 p.m. The Capital Expenditures Committee and School Committee subsequently adjourned. A true record; Attest: Kim Katzenback Executive Clerk Selectmen's Meeting October 21, 2019 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, October 21, 2019 in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Ms. Kosnoff, Assistant Town Manager for Finance and Acting Town Manager; and Ms. Katzenback, Executive Clerk. SELECTMAN CONCERNS AND LIAISON REPORTS Mr. Pato reported that he had attended the Community Preservation Committee (CPC)meeting last week, where the committee reviewed old projects that had yet to use their full appropriation. The CPC discussed a potential need to investigate these projects further to understand why their obligations have not yet been fulfilled, as some of the projects were dating back ten years. The CPC will be looking into whether or not a recommendation to bring these projects to Annual Town Meeting is necessary to possibly rescind the appropriation(s). Mr. Pato had also mentioned that at the CPC meeting, the committee discussed how the State has enacted an expansion of funding for the Community Preservation Act,which will more than likely double the amount the Town was expecting to receive in the coming year. Mr. Lucente stated that last week,he, Mr. Pato, Ms. Hai, and Mr. Sandeen all attended a ribbon cutting ceremony for the recently completed Supportive Living Inc. Neuro Wellness Center adjacent to the Douglas House. Ms. Barry mentioned that the State House had the third reading of a bill today that would change the Board's name from"Board of Selectmen"to "Select Board". She said that the bill has been engrossed by the House of Representatives and is now progressing toward the Senate, where eventually, it will be forwarded onto the Governor for approval. Mr. Sandeen reported that on October 10, 2019, he attended a Permanent Building Committee (PBC) meeting, where the committee reviewed the design for the new police station. The PBC is preparing a presentation for the Board's review at a future meeting. Mr. Sandeen reported that he, Ms. Hai, Mr. Pato, and Mr. Lucente attended a Citizens' Academy session and presented on aspects of the Town. Mr. Sandeen stated that on October 15, 2019, he attended a coalition of approximately 20 municipalities with Mr. Pato, Mr. Malloy, John Livsey, Town Engineer, and Tricia Malatesta, Engineering Aide, to meet with the President of National Grid to discuss gas leaks in the area. The municipalities were requesting that National Grid prioritize fixing the gas leaks. The President of National Grid reiterated her desire to fix the largest gas leaks in Town first. Mr. Sandeen concluded with a notification that he had received today in response to a letter the Board had sent to the Governor and the Board of Building Regulations and Standards (BBRS) in June regarding the prioritization of developing a Net Zero Stretch Energy Code. The Governor and the BBRS had agreed to develop a Net Zero Energy Standard, however, in the notification received today, they had announced that they will be removing all green building experts from the task force. There will be a public comments session on November 5, 2019 in regards to the removal of the experts from the task force that Mr. Sandeen plans to attend on behalf of the Board with prepared remarks. He is seeking support from the Board to make public comment at the session by reiterating the requests in the letter sent out in June. Mr. Lucente expressed that he had no issue with Mr. Sandeen making public comments at the November 5, 2019 session by reiterating the requests in the original letter sent out in June. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Greenways Corridor Committee Update Keith Ohmart, Chair of the Greenways Corridor Committee,presented a summary of the committee's significant accomplishments from 2018 and 2019. The presentation included the ongoing development work of ACROSS Lexington, The Rick Abrams Memorial Trail Network, as well as a summary of the committee's Program Improvement Request for the next budget year. Mr. Ohmart stated that there are two new trails: Route J, which connects Liberty Heights Conservation area to the Minuteman Bikeway; and Route L,which connects Upper Vine Brook, Lower Vine Brook, Cotton Farm, Dunback Meadow, Daisy Wilson Meadow, Minuteman Bikeway, and Tower Park. The new trails bring the mileage total to in excess of 30 miles. Mr. Ohmart also stated that there is an ongoing project at the Bridge School property,where the committee is sponsoring a Boy Scout project to build a boardwalk to circumvent the excess mud on the trail. They anticipate the project to be completed in the spring of 2020. Mr. Ohmart stated that the committee has been receiving support from developers in Town for trail connections. The developers are incorporating the connections when applying for permits from the Planning Board for housing. Mr. Ohmart presented an earmark that Senator Cindy Friedman put into the Environmental Bond Bill last year. This earmark would provide a fully accessible trail connection from the Lexington Community Center to the Lexington Children's Place through Upper Vine Brook to Worthen Road. This would provide a walking connection for Lexington High School students, as well as for students of the Jonas Clarke Middle School. The earmark would require the Town to provide matching funds. The committee plans to present a proposal at a future Board of Selectmen meeting upon working with the Conservation Commission. Mr. Ohmart concluded with committee projects for 2020, which include the creation of a new Route M, which would connect an existing ACROSS route in Hayden Woods to new Route L, as well as developing a new Route K, which would connect Sutherland Woods, West Farm, and Liberty Heights. The committee is requesting assistance from the Board to set up a meeting with the Town Manager to resolve any issues in identifying the boundary lines, as part of the future Route K trail property is owned by the Town. Once the projects are completed, the committee would need to update their brochures, which is included in their Program Improvement Requests (PIR). Mr. Lucente requested that the trails be labeled with historic names rather than letters of the alphabet. Dawn McKenna, 9 Hancock Street, suggested that the committee connects with the Lexington High School cross country and track coaches to communicate the use of the area by students. 2. Review of Protected Bike Lanes on Massachusetts Avenue Ross Morrow, Assistant Town Engineer and Matt Weisman, Engineering Assistant,provided an overview of the feedback and observations from the temporary bike lanes on Massachusetts Avenue that were installed as part of the Minuteman Bikeway paving project. Mr. Morrow stated that the Town was looking to pave the Minuteman Bikeway from the Seasons Four driveway to the Fottler Avenue intersection. In order to complete the paving project within a four-week timeline, the bikeway had to be shut down in that area and temporarily detoured to Massachusetts Avenue. There is no bicycle access on Massachusetts Avenue, so through the Complete Streets Project and outreach to the bicycle community in Lexington, a pilot program for protected bike lanes was developed and temporary bike lines were installed for the duration of the project. Mr. Weisman stated that the week prior to installation, the Engineering Department notified the abutters, posted signs in the area, and worked with the Lexington Police Department to ensure that the area was well-marked and commuters were aware of the changes. Mr. Morrow stated that the concerns raised in regards to the temporary bike lanes involved the following issues for cyclists: driveway conflicts on the residential eastbound side, the feeling of being trapped by the size of the buffer between cars and the sidewalk, and poor pavement conditions near the gutter. The concerns raised in regards to the temporary bike lanes for cars were as follows: having to cross and block the bike lane when exiting a driveway to merge onto Massachusetts Avenue,parking compliance outside of the striped bike lanes or abiding by NO PARKING signs, multiple complaints regarding the narrow 10-foot travel lanes, specifically around the curves between Lexington Toyota and Pleasant Street,reduced turning capabilities for intersections and driveways, and reduced sight distance. Mr. Morrow stated that the positive aspects of the temporary bike lanes were as follows: the ability to provide a designated area for bikes, less opportunity for cyclists to be "doored" or having a door opened and a cyclist running into it, and a decrease in vehicle speed within the travel lanes for overall better safety in the area. Mr. Morrow concluded with a recommendation to add bike accommodations to the area, as there are a lot of cyclists in the town, especially on the bikeway and Massachusetts Avenue. He said that the addition of bike lanes would be an extensive project that would include widening the roadway, modifying the curb lines and enhancing pedestrian access. Mr. Pato mentioned that residents of the area had expressed concern that they were not informed about the project. He stated that there was certainly an attempt to inform the residents, however, he felt that there could have been a larger outreach in the area. He also mentioned that bike lanes do exist throughout the Commonwealth of Massachusetts,but the community is not always educated on the proper use. He would recommend an educational campaign if the project were to move forward in the future. Mr. Lucente stated that he personally received a lot of complaints in regards to the temporary bike lanes and he feels as though that speaks to the communication about the project. Ms. Barry stated that this was a learning experience for all involved. She expressed that she would have liked to have been more informed about the project from the Town staff that were involved. She mentioned that there was a huge communication problem with the entire project, both internally and with the residents in a broader area, not just abutters. Mr. Sandeen echoes the comments of his colleagues in regards to communication and safety. Ms. Hai stated that there was a communication breakdown regarding the project, specifically with the businesses in the area of Massachusetts Avenue with the temporary bike lanes. She personally received a lot of complaints from business owners pertaining to lack of notification. 3. Update on Quiet Communities Proposal Dave Pinsonneault, Director of Public Works, and Jamie Banks,PhD, MS, Executive Director of Quiet Communities, presented the final report on the use of electric grounds equipment in the Town of Lexington. Ms. Banks stated that Lexington is the first town to fully implement the transition from fossil fuel-based equipment to advanced battery electric equipment. She said that the substantial impacts would be on noise,pollution, and ultimately, a better quality of life and cleaner environment in the future. This transition into electric-based equipment coincides with the Town's Sustainable Action Plan. Mr. Pinsonneault stated that the new equipment was brought in by vendors and demonstrated for the Public Works employees. The equipment presented was categorized by: the type of battery, battery life, and backpack versus shoulder strap. Based off of the demonstrations and research, the Town chose Stihl and Husqvarna equipment and the staff was able to test it themselves. He also stated that the Town Hall complex was identified as an area where the equipment could easily be incorporated. Electric trimmers have already been incorporated across all Town properties—parks,public grounds, and athletic systems. Ms. Banks discussed the impact analysis used throughout 36 municipal properties and divided the tasks into routine tasks (ordinary versus major-spring/fall cleanups) and special tasks (tree trimming). The data was quantified using verifiable EPA equations and was based off of the knowledge of the frequency, duration of use and exactly what was used in maintenance. The efforts to date were the complete transition of the Town Hall complex in routine maintenance and the partial transition of three other areas, the Visitors Center, and re-parking Cary Memorial Library. Mr. Pinsonneault concluded with the following next steps for the transition process: the purchase of an all-electric large area riding mower(Wright stand-on), looking at other iterations of handhelds—string trimmers, leaf blowers, small chainsaws, and other items of that nature, as well as looking at an American Green Zone Alliance (AGZA) Green Zone certification for the Town Hall complex. David Kanter, Precinct 7 Town Meeting Member, asked if there has been any consideration in the Town with regards to the scope in which the work is completed. He expressed concern in regards to over-cleaning the grounds throughout the Town. Mr. Pinsonneault responded to Mr. Kanter's concern by expressing that the cleanup of each property is handled differently depending on the location and whether or not it is a tourist attraction. Nick Nichols, Appropriation Committee, inquired about the estimated cost of switching to electric, both with subsidies and later on, when we no longer have the subsidies from the electric company. Mr. Pinsonneault responded to Mr. Nichols's concern by stating that the cost is being analyzed and that the smaller equipment is typically purchased through their operating budget. The larger area mowers would be purchased through the capital equipment process. Mr. Nichols also inquired about the cost comparison of the electric equipment versus the gas equipment. Mr. Pinsonneault stated that the costs of each type of product were compared and it was found that for the string trimmers and blowers, the cost is relatively the same. However, the electric riding mowers had a significantly higher cost. Mr. Pinsonneault concluded with the next steps of having a couple different presentations in the spring of 2020—one for homeowners or residents and another for landscapers doing business in Lexington. 4. Presentation-2019 STM Article 9 - LED Streetlight Conversion Dave Pinsonneault, Director of Public Works,provided an update on the proposed 2019 Special Town Meeting Warrant Article 9: LED Streetlight Conversion, in which the Town's streetlights will be switched from induction lights to LED lights. Mr. Pinsonneault stated that the Metropolitan Area Planning Council (MAPC) currently has grants available to assist in the purchasing of LED lights for communities. The topic will be brought forth at Special Town Meeting, as the MAPC has a deadline for project submission by the end of May 2020. This grant would assist in the Center Streetscape Project. Mr. Pinsonneault also stated that the LED lights have a lifespan of 20-23 years, so there is a five to five and a half year return on investment for this project due to the considerable savings in electric costs. It would cost approximately$881,138 to complete the transition to LED lighting, with about $300,000 coming from grants and rebates from the utility companies. The LED systems are virtually maintenance free, thus the maintenance line item on future budgets would be removed (starting from FY2022). Final numbers on the cost savings and return on investment will be available and distributed tomorrow. Ms. Barry inquired about the number of lights in the Town and whether or not all of the lights would be replaced with the LED systems. She requested a list of lights that will not be replaced. Mr. Pinsonneault stated that there are about 3,300 lights in Town and they will all be replaced with the new LED systems. The lights in the Town Center will not be replaced for now, as they are a part of the Center Streetscape Project. The list of streetlights that will not be replaced by the Town will become available once the grant funds are received. No additional streetlights will be added during this process. Mr. Lucente questioned the longevity of the LED lights and inquired if there were any case studies identifying the number of burnouts the Town would have on the bulbs that were being installed. Mr. Pinsonneault stated that there is no current data on the topic, but that the consultant did confirm that the industry standard would be 23 years. There will be a replacement program for the bulbs that do not meet the industry standard. 5. Presentation-2019 STM Article 7 -Amend Zoning Bylaw and Map - 186 Bedford Street Ed Grant, Of Counsel for Nicholson, Sreter& Gilgun P.C., and Doug Hartnett, Project Engineer, Highpoint Engineering,provided an update on 2019 Special Town Meeting Warrant Article 7: Amend Zoning Bylaw and Map- 186 Bedford Street. Mr. Grant stated that upon acceptance of the Planning Board's recommendation at Annual Town Meeting to refer this project back to the Planning Board, the proponents, the Ciampa family, made a good faith effort to present a further revised proposal and resolve issues with the report. The June 6, 2019 refiling of the Preliminary Site Development and Use Plan (PSDUP) focused on issues raised in the Planning Board report, with one of the main issues being landscaping transitions and screening. The following changes and additions were also made to the PSDUP: adding a basement floor plan for commercial and residential storage with capacity to store 21 bicycles, adding six short-term bicycle parking spaces, and two electric charging stations. Mr. Grant stated that at the August 14, 2019 Planning Board meeting, the Planning Board closed the public hearing and voted 5-0 to recommend the plan development to Special Town Meeting. The revised filing was made as of August 22, 2019. The following public benefits remain the same as they did at Annual Town Meeting: historic preservation of the building and barn, a provision of 13 small one-bedroom apartments ranging in size from 500-785 square feet with four designated as affordable housing, approximately$87,000 per year in new revenue for the Town of Lexington (as the property was previously tax exempt for 60 years), a$30,000 contribution to help fund townwide transportation and TDM capital improvements, a $20,000 contribution to help fund local TDM improvements in the vicinity of the project site including a possible bus shelter, and a$2,500 contribution to Town for public improvements to Garfield Park. Mr. Grant concluded with the addition of the following language related to maintaining noise levels in the Memorandum of Understanding(MOU)per the request of Mr. Malloy: "HhAC systems under full load will not exceed SdBA above established ambient noise levels." Mr. Sandeen inquired about the established levels of ambient noise as referenced in the new clause. Mr. Hartnett stated that the noise ordinance regulations reference+1 OdBA above ambient noise on new projects measured at the property line. The 5dBA above established ambient noise levels was capped at the Planning Board's recommendation. Ms. Barry inquired about the lack of times listed regarding the time of day for noise restrictions. Mr. Lucente stated that the MOU will be addressed at the next Board of Selectmen meeting in November. 6. Presentation-2019 STM Article 5 -Amend Zoning Bylaw from CD-1 District to CSX District- 7 Hartwell Avenue Kristine Hung, Attorney, Riemer&Braunstein,provided an update on 2019 Special Town Meeting Warrant Article 5: Petition for Change of Zoning District and Zoning Map 7 Hartwell Avenue. Ms. Hung stated that her client, the applicant, is seeking an amendment to the zoning bylaw for their property at 7 Hartwell Avenue from a CD-1 district to a CSX district. The CD-1 was a plan development district approved at Town Meeting in 2001 with very limited uses. The applicant would like to operate a Russian School of Math at 7 Hartwell Avenue and rezoning the district to a CSX would allow them to accomplish that goal, as well as more flexibility for the uses at the site. Also, another reason for pursuing a CSX district rezone was due to the building not currently fitting into the standards for CM and CRD districts. Although the Hartwell Avenue zoning initiative is taping place around the same time, the applicant would need to move forward with their rezoning project outside of the lengthy timeline for Hartwell Avenue. The applicant would be willing to adjust their zoning criteria later on in the process to coincide with the Hartwell Avenue standards. Ms. Hai expressed concern about the concept of subsequent coordination of the rezone of the Hartwell Avenue project, which is different than the current use of the building. She is unclear of how the school will be incorporated into the overall project. She inquired about structural changes to the building. Ms. Hung stated that the proponent does not plan on making structural changes or additions to the building at this point in time. Ms. Barry expressed concern regarding an increase in traffic circulation on Hartwell Avenue. She also expressed concern with how this plan will fit in with the Hartwell Avenue project in the future. 7. 2019 Special Town Meeting- Article Positions/Discussion • Article Discussion Carolyn Kosnoff, Assistant Town Manager for Finance,provided an update regarding 2019 Special Town Meeting Warrant Article 3: Appropriate To and From Specified Stabilization Funds and Article 4: Amend FY2020 Operating, Enterprise, Revolving and CPA Budgets. Ms. Kosnoff stated that under 2019 Special Town Meeting Warrant Article 3, there is a potential for three requests. The first request would be for an appropriation into the traffic mitigation stabilization fund for $280,000, which is part of a onetime payment that was received from King Street Properties for mitigation related to their development on Hayden Avenue. The other half of the payment would be going to the transportation demand management public transportation stabilization fund, which is approximately another$280,000. There is other money that the Town has for transportation that is going in there as well. The traffic mitigation stabilization fund can be appropriated in the future for a traffic or related project. Ms. Kosnoff stated that the next transfer of approximately$670,000 would be for the capital stabilization fund, which is directly related to the operating budget adjustments. Ms. Kosnoff stated that under 2019 Special Town Meeting Warrant Article 4, the revenue is not appropriated at Town Meeting as it is not voted on. However, the Town budget is based off of revenues, so adjustments were made to the approved budget at Annual Town Meeting. The adjustments are as follows: 1. New growth estimated at approximately$2.5 million, which could come in closer to $3.5 million after property valuations are finalized by the Department of Revenue. This would allow for$1 million to be appropriated. 2. Final state aid numbers for Chapter 70 at approximately$73,000 for appropriation. 3. Snow and ice deficit of approximately$400,000 that was set aside from the previous year in FY2019. 4. A total of$182,705 in allocated tax and levy money. Ms. Kosnoff concluded with a final number of$1.656 million for expected revenue. The adjustments to the budget would go toward more cybersecurity insurance for the Information Technology Department, the new Sustainability Director position with an estimated annual salary of$86,000, and the LED Streetlight Conversion under the capital stabilization fund. The amendment to the Water and Sewer Enterprise Fund budgets, to account for the final Massachusetts Water Resources Authority(MWRA) assessments that came out after Annual Town Meeting, will be adjusted as well. Mr. Pato stated that he would like to see the primary allocation going toward the capital stabilization fund as presented. He is requesting an Executive Session at a future meeting to discuss cybersecurity. Also, he inquired about the stabilization funds transfers regarding the relationship between the traffic mitigation fund with the King Street Properties payment and the transportation demand management. Ms. Kosnoff stated that the initial mitigation payment was paid to the Town when the certificate of occupancy for the garage was issued for approximately$560,000. The original intention for the fund was for transportation and/or traffic mitigation, so now the money will be divided between the two purposes. Ms. Barry inquired about the warrant listing 13 stabilizations funds, but there only having activity in three of them. • Article Positions The resulting chart is appended to the end of these minutes Dawn McKenna, 9 Hancock Street, expressed concern regarding the appropriation of all of the available funding to the capital stabilization fund when other bills or increased costs may be presented during the year. She suggested setting aside a portion of the funds that could be appropriated at the Annual Town Meeting to allow for some flexibility. Ms. Kosnoff stated that this is unallocated tax levy money that needs to be appropriated now or it does not get taxed, and therefore, would not materialize. She also stated that it would not be available in the spring for Annual Town Meeting. 8. MPO Election Ballot The Metropolitan Planning Organization (MPO) Municipal Elections are being held on November 6, 2019 at the Metropolitan Area Planning Council(MAPQ Fall Council Meeting at 9:00 a.m. Absentee ballots are due by November 5, 2019. The Chairman for the Board of Selectmen can also designate someone to vote in his place. Currently, there are four municipal seats open, three of which are unopposed. The Town of Ashland and the City of Framingham are running for the MetroWest Regional Collaborative (MetroWest) sub-region seat. The Board is being asked to choose one of the candidates for the MetroWest sub-region seat and to authorize the Chairman to sign the absentee ballot for the MPO election. The Board agreed to postpone the vote for the MPO Municipal Election MetroWest sub-region seat until the next meeting on November 4, 2019 pending further research on the candidates. The Select Board exited for a brief recess and returned at 9:15 p.m. calling the meeting back to order. 9. Vote on Water and Sewer Rates Carolyn Kosnoff, Assistant Town Manager for Finance, presented the FY2020 Water/Sewer rates. Ms. Kosnoff stated that the Board of Selectmen is meeting for the second and Final time on the proposed Water/Wastewater rates for FY2020. At the first meeting held on October 7, 2019, the Board reviewed the following items: results of the FY2019 Water and Wastewater operations; billed usage and retained earnings histories; the FY2020 Water and Wastewater budgets as adopted at the 2019 Annual Town Meeting (including proposed changes to the budgets for fall 2019 Special Town Meeting); estimated FY2020 Water and Wastewater usage projections; and preliminary FY2020 Water and Wastewater rates. The Board also held a public hearing on the proposed rates at this meeting. Ms. Kosnoff also stated that the purpose of tonight's meeting is to set the FY2020 Water/Wastewater rates. The proposed rates represent a combined increase of 7.3% for the Water and Wastewater tiered rates for the current fiscal year. These rates remain the same as originally presented on October 7, 2019. As discussed during the original presentation, the increase in FY2020 rates is primarily attributable to an increase in the Town's Water and Sewer assessments from the Massachusetts Water Resources Authority(MWRA) and to the decline in overall Water and Sewer usage by the Town. Ms. Hai suggested that the wording in the message on the bill be further clarified regarding the annual assessment by the MWRA to inform the residents that the Town does not set the rates, but rather there are fixed costs. Ms. Barry suggested removing "from" and replacing it with "set by"the MWRA in the messaging on the bill for residents. David Kanter, Precinct 7 Town Meeting Member, suggested utilizing a third party calibration for larger users. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the proposed FY2020 Water and Wastewater rates as presented on slide 2 of the attached presentation(See Appendix B); and further, move that the Board approve the proposed insert as edited that will be printed and included with utility bills in the upcoming fall 2019 billing cycle. 10. Review of FY2021 Capital Projects List Carolyn Kosnoff, Assistant Town Manager for Finance, presented a preliminary summary of the Town's FY2021-FY2025 Capital Improvement Plan that has been submitted for the Board of Selectmen's initial review. The Finance staff has highlighted certain requests that may warrant more in-depth discussion. Ms. Kosnoff stated there are two primary categories for the grouping of the FY2021 capital projects. The first category is for the continuing programs that would include items that the Town is requesting appropriation for each year. The second category is for the onetime programs (i.e., the Lexington Police Station)that would include projects that are completed after one round or that are presented infrequently. The Enterprise Fund requests and the CPA project requests have also been separated based on the funding, which is not coming from the general fund. Ms. Kosnoff presented a high level review of a few notable projects. The following onetime projects were detailed: Project 306 Lexington Police Station Rebuild for$25 million, Project 1044 Lexington High School Feasibility Study for$1.825 million, Project 940 Westview Cemetery Building for$2.8 million(the numbers may change due to the one-year delay), and Project 1083 Bedford and Hartwell Avenue Long Range Transportation Plan for $1.5 million (this number is from FY2020 due to the 25% design). Ms. Kosnoff stated that for the continuing programs the dollar amounts may change from year to year,but they are present each year for the capital requests. She highlighted the following projects in detail: Project 523 Storm Drainage Improvements and NPDES Compliance, Project 557 Comprehensive Watershed Stormwater Management Study and Implementation, and Project 683 Townwide Culvert Replacement. For Projects 557 and 683, the Town will be taking a one- year break from funding both items due to the Department of Public Works and Engineering Department working on spending appropriations from the previous years. Also, all three of the detailed projects would potentially fall into a stormwater management fee, so they are currently under review for the likely creation of another Enterprise Fund to support the projects. Dawn McKenna, Precinct 6 Town Meeting Member and Chair of the Tourism Committee, requested that the Battle Green Streetscape Improvements and the Battle Green Master Plan get prioritized for their completions. Hal Miller-Jacobs, 17 Swan Lane, expressed interest in the completion of the pickleball courts, as he feels there is a growing demand for this particular activity. 11. Grant of Location for Verizon Pole: Lincoln Street- Continuation of Hearing UPDATE: This item will be tabled until the November 4, 2019 Board of Selectmen meeting at the request of Verizon to allow time for them to obtain abutter and developer confirmation of pole location. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to continue the Verizon Pole - Lincoln Street hearing to the November 4, 2019 Board of Selectmen meeting. 12. Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee Update Ms. Hai updated the Board with the Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee progress to date. Ms. Hai stated that the committee is meeting on October 24, 2019, as they are in the process of drafting a report to be delivered to Special Town Meeting. The committee has voted to approve the value statement, which will be circulated to the Board of Selectmen. The value statement reads as follows: "Lexington seeks to encourage greater diversity of housing opportunities to meet needs of a diverse population with respect to income, ability, number of persons in a household, and stage of life. Lexington seeks to fulfill this goal while preserving its cultural and historical values and promoting growth that is sustainable and sensitive to the natural environment. Lexington is mindful of supporting development that preserves historically or architecturally significant buildings and landscape. The Town recognizes that not all of these values can be applied to all sites, but is committed to evaluating each site as an opportunity to contribute to serving and promoting these values townwide." Ms. Hai stated that the zoning consultant will be used for phase two of this project as a way to increase the production of housing that will meet the values listed in the statement. In order to reach these goals, a change would need to take place in regards to the bylaw or the administration and regulations in which the bylaw is structured. 13. Ad Hoc Crematory Study Committee Update Ms. Barry updated the Board with the Ad Hoc Crematory Study Committee progress to date. Ms. Barry stated that the committee met last week and will also meet next week. The committee is currently working on a report for the Board of Selectmen and anticipate presenting at the November 4, 2019 meeting. 14. Selectmen Committee Appointments Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Nyles Barnert as a full member of the Board of Appeals with a term expiration date of September 30, 2024. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Shubhra Chandra as a member of the Lexington Council for the Arts with a term expiration date of September 30, 2022. CONSENT AGENDA 1. Approve Minutes Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the minutes o£ June 3, 2019, June 13, 2019, and June 24, 2019. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve,but not release, the Executive Session Minutes of June 13, 2019. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 9:55 p.m. A true record; Attest: Stacey Prizio Department Assistant ARTICLE POSITIONS 2019 SPECIAL TOWN MEETING ARTICLE PRSNTR CNSNT DL JP SB JH MS 1 Reports of Town Boards, Officers, Committees N/A N/A N/A N/A N/A N/A N/A 2 Appropriate for Prior Year's Unpaid Bills JH Y Y Y Y Y Y 3 Appropriate To and From Specified Stabilization Funds JP (a) Section 135 Zoning By-Law N/A N/A N/A N/A N/A (b)Traffic Mitigation Y Y Y Y Y (c)Transportation Demand Management/Public Y Y Y Y Y Transportation (d) Special Education N/A N/A N/A N/A N/A (e)Center Improvement District N/A N/A N/A N/A N/A (f)Debt Service N/A N/A N/A N/A N/A (g)Transportation Management Overlay District N/A N/A N/A N/A N/A (h) Capital Y Y Y Y Y (i)Payment in Lieu of Parking N/A N/A N/A N/A N/A 0)Visitor Center Capital Stabilization Fund N/A N/A N/A N/A N/A (k)Affordable Housing Capital Stabilization Fund N/A N/A N/A N/A N/A (1)Water System Capital Stabilization Fund N/A N/A N/A N/A N/A (m)Ambulance Stabilization Fund N/A N/A N/A N/A N/A 4 Amend FY2020 Operating, Enterprise,Revolving and CPA DL W W W W W Budgets 5 Amend Zoning Bylaw from CD-1 District to CSX District- 7 SB W W W W W Hartwell Avenue(Owner Petition) 6 Amend Zoning Bylaw to Restrict Automatic Teller Machine as MS W W W W W Principle Use in the Center Business District 7 Amend Zoning bylaw and Map- 186 Bedford Street(Owner JH W W W W W Petition) 8 Appropriate Funding for 25%Design of the Route 4/225 JP Bedford Street-Hartwell Avenue-Wood Street W W W W W Transportation Improvement Project 9 LED Streetlight Conversion DL W W W W W SELECTMEN'S MEETING Thursday, October 24, 2019 Cafeteria, Hadley Public Services Building, 201 Bedford Street 6:45 PM MINUTES A meeting of the Lexington Board of Selectmen was called to order at 6:45 p.m. on Thursday, October 24, 2019 in the cafeteria of the Hadley Public Services Building, 201 Bedford Street. Mr. Lucente, Chair; Mr. Pato; Ms. Barry, Ms. Hai and Mr. Sandeen were present as well as Mr. Malloy, Town Manager; and Ms. Katzenback, Executive Clerk. ITEMS FOR INDIVIDUAL CONSIDERATION 4. Approve Deeds for the Purchase of Conservation Land Acquisitions: Kendall Road and Sherburne Road South Mr. Malloy said the Town is targeting to close within the week on the purchase of properties located on Kendall Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-114 and Sherburne Road identified as Town of Lexington Assessor's Parcel ID 32- 135. He explained that action by the Board is required to approve the deeds and to authorize the Town Manager to sign the related closing documents. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the deed to the property located on Kendall Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-114, consisting of approximately 22,034 square feet substantially in the form presented at the October 24, 2019 meeting, with final changes to be approved by the Town Manager, or the Assistant Town Manager, in the Town Manager's, or Assistant Town Manager's, reasonable discretion in consultation with the Conservation Director and town counsel; and Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town Manager, or the Assistant Town Manager, to take all actions on behalf of the Town and the Board of Selectmen that are reasonably necessary, in the judgment of the Town Manager, or the Assistant Town Manager, to complete the purchase of the property located on Kendall Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-114, consisting of approximately 22,034 square feet by the Town in accordance with the Purchase and Sale Agreement by and between Capaldi Limited Partnership, a Massachusetts limited partnership and the Town of Lexington, acting by and through its Conservation Commission, dated August 27, 2019, including, without limitation, signing a Deed, as well as closing forms, documents and settlement statements, and extending the closing date, if necessary. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the deed to the property located on Sherburne Road, Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-135, consisting of approximately 4.8 acres substantially in the form presented at the October 24, 2019 meeting, with final changes to be approved by the Town Manager, or the Assistant Town Manager, in the Town Manager's, or Assistant Town Manager's,reasonable discretion in consultation with the Conservation Director and town counsel; and Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town Manager, or the Assistant Town Manager, to take all actions on behalf of the Town and the Board of Selectmen that are reasonably necessary, in the judgment of the Town Manager, or the Assistant Town Manager, to complete the purchase of the property. Upon a motion duly made and seconded, the Board of Selectmen voted 5-80 to adjourn at 6:55 p.m. A true record; Attest Kim Katzenback Executive Clerk SELECTMEN'S MEETING Wednesday, October 30, 2019 6:30 PM MINUTES A meeting of the Lexington Board of Selectmen was called to order at 6:30 PM. on Wednesday, October 30, 2019 at the Hadley Public Services Building Cafeteria, 201 Bedford Street. Present for the Board of Selectmen were Doug Lucente, Chair; Joe Pato; Suzie Barry, Jill Hai and Mark Sandecn. Also present were James Malloy, Town Manager; Kelly Axtell, Deputy Town Manager and Kim Katzenback, Executive Clerk. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Liquor License - Change of Manager- Element Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application reflecting a Change of Manager to be Shamara Lamar and issue an All-Alcoholic Innholder Liquor License for Lixi Hospitality Lexington FB MGT, Inc. d/b/a Element Lexington located at 727 Marrett Road—B reflecting the same. 2. Liquor License - Change of Manager and Officers/Directors - Lexington Lodge of Elks B.P.OE. #2204 Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application reflecting a Change of Manager, as well as a Change of Officers/Directors, and issue an All Alcoholic Club Liquor License to the Lexington Lodge of Elks B.P.O.E. #2204, 959 Waltham Street. 3. Discuss Potential Creation of Advisory Committee for Hartwell Avenue-Route 4/225 Bedford Street-Wood Street 25%Design Transportation Improvement Project Mr. Lucente explained that as a follow up to the October 17, 2019 Joint Meeting with the Planning Board, the Board of Selectmen will contemplate creating an Advisory Committee for the Hartwell Avenue-Route 4/225 Bedford Street-Wood Street 25% Design Transportation Improvement Project in the event that Article 8 passes at the 2019 Special Town Meeting. Mr. Malloy said the nature of Special Town Meeting Article 8 is for design work which the engineers would develop a proposed design in accordance with Massachusetts Department of Transportation. He advised of his concerns of a committee be formed to direct the design. He advised should a committee be considered, the committee charge would need to be very clear as to the specificity of the advisory nature. The Board agreed it will be necessary to develop a clear process for c engagement with the whole community to hear and identify community concerns to include a sufficient number of outreach sessions. The Board felt it is worth further consideration of the development of some type of group or committee to provide feedback regarding community concerns should Article 8 pass at Town Meeting. Dawn McKenna, 9 Hancock Street, expressed concern that citizens are not included often enough and there is quite a diverse expertise available in our community. 4. MPO Election Ballot Mr. Lucente said the Metropolitan Planning Organization(MPO) Municipal Elections are being held on Wednesday,November 6, 2019 at the MAPC Fall Council Meeting at 9:00 a.m. He explained absentee Ballots are due on November 5, 2019 or the Chairman can designate someone to vote in his place. Mr. Lucente said there are four municipal seats open, three of which are unopposed. The Town of Ashland and the City of Framingham are running for the Metro West Regional Collaborative (MetroWest) sub-region seat. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to vote for the City of Framingham to the Metro West Regional Collaborative(Metro West) sub-region seat; The Town of Acton to the Minuteman Advisory Group on Interlocal Coordination (MAGIC) sub- region seat; The City of Somerville to the Inner Core sub-region seat; The Town of Rockland to the South Shore Coalition sub-region seat and further to authorize the Chairman to sign the Absentee Ballot for the MPO election. 5. Selectmen Committee Resignation Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignation of Kathryn Allamong Jacob from the Monuments and Memorials Committee effective immediately. 6. Town Manager Appointment Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town Manager's appointment of Thomas Romano as an adult adviser to the Youth Commission effectively immediately for a term to expires on April 30, 2022. CONSENT AGENDA 1. Approve Minutes Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve,but not release, the corrected June 13, 2019 Executive Session minutes. 2. Approve Use of Battle Green/Walk- Martin Luther King Day Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of the Town Celebrations Committee/MLK Day Commemoration Subcommittee for the 2019 Lexington MLK Day Commemoration on Monday, January 20, 2020, which will include use of the Battle Green and a walk along Massachusetts Avenue to the Cary Memorial Building. 3. Approve and Sign Eagle Scout Commendation Letters Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign letters of commendation congratulating Justin Liu and Isaac Mukamal for attaining the highest rank of Eagle in Boy Scouting. ADJOURN Upon s motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 6:55 p.m. A true record; Attest: Kim Katzenback Executive Clerk Selectmen's Meeting November 4, 2019 A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Monday, November 4, 2019 in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry, Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Ms. Barry recused herself from the Executive Session Exemption 3: Collective Bargaining Update: DPW Union discussion as her husband is an employee of the Town. EXECUTIVE SESSION Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to go into Executive Session under Exemption 3: Collective Bargaining Update: DPW Union; Exemption 6: Purchase, Sale, Lease of Real Estate - Historical Society Parking Parcel- Edison Way; Exemption 6: Purchase, Sale, Lease of Real Estate- Lease for Munroe Center for the Arts; and Exemption 4: Strategy with Respect to Security- Cyber Security Insurance with the intent to reconvene in Open Session. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon exiting the Executive Session, the Board returned to Open Session at 7:27 p.m. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai stated that the Lexington Human Rights Committee will be recognizing "No Hate November"this month. On Monday,November 18, 2019, there will be a panel discussion on the impact of hate and how to combat it at Cary Memorial Library. Mr. Lucente stated that he, Mr. Pato, Ms. Barry, and Mr. Sandeen attended the Veterans Breakfast on Saturday,November 2, 2019. He thanked the Town Celebrations Committee and the Rotary Club for organizing the event. Mr. Lucente stated that all five members of the Board, along with Mr. Malloy, attended a ribbon cutting ceremony for the newly completed Lexington Children's Place. Mr. Lucente also stated that on Thursday,November 7, 2019, a report from UMass Boston on the findings of the Age-Friendly Needs Assessment will be available at the Lexington Community Center. Ms. Barry stated that there will be a Veterans Day parade on Monday,November 11, 2019 starting at 10:00 a.m. at the Hosmer House. The parade will conclude at the Cary Memorial Building with a ceremony in Battin Hall at 11:00 a.m. Mr. Sandeen stated that he will be presenting the Board's letter to the Board of Building Regulations and Standards (BBRS) on the importance of establishing a net zero energy code. TOWN MANAGER REPORT Mr. Malloy stated that a $40 million supplemental under Chapter 90, which was introduced by Governor Charles D. Baker, has gone through the Senate and is back at the House of Representatives. This supplemental, factored in with the $200 million regular appropriation, could mean about $195,000 for the Town. Mr. Malloy stated that the Town closed on conservation land off of Kendall Road and Sherburne Road South last week. Mr. Malloy mentioned that the continued work on the Lexington Community Center sidewalk project should be done in about a week. Mr. Malloy concluded with an update on the Inter-Municipal Agreement for the Veterans' Services District. The Town of Carlisle is interested in joining the Veterans' Services District, as well as another nearby town. He anticipates arranging a meeting with all of the towns in the near future for a series of discussions prior to amending the Veterans' Service Agreement. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Police Station Design and Fire Station Projects • Lexington Police Station Design Mike Cronin, Director of Public Facilities, and Jeffery McElravy, AIA, Principal, Public Safety at Tecton Architects,presented an update to the Board on the Lexington Fire Station and Lexington Police Station projects. The first design option for the proposed new Police Station included maximizing the green space in the Fletcher Park area from 29,900 square feet to 37,020 square feet by reducing the number of parking spaces from 119 to 107 spaces (this is inclusive of the parking on Fletcher Avenue and the Police Headquarters). The second design option reduced the green space to 34,810 square feet and increased the parking to 113 spaces. The last option changed the parallel parking on Fletcher Avenue to diagonal parking, reduced the green space to 32,550 square feet, and increased the parking back to 119 spaces. Ms. Hai inquired about parking for vendor vehicles during the Lexington Farmers' Market in the presented configurations due to the current vehicle parking on the grassy area near the Hosmer House. Mr. Cronin stated that the purpose of the three design options presented were to maximize lined parking spaces and prevent further vehicle parking on the grass. Ms. Hai expressed concern about the diagonal parking spaces and the future event spacing. She stated that she would advocate for the second option with the 113 parking spaces. Mr. Pato stated that the third option would be his preference and that he would like to see some sort of traffic calming in the area to reduce concerns. Mr. Lucente expressed concern about the diagonal parking spaces. He stated that he would prefer the second option with the 113 parking spaces and wanted to know if there was some way to slightly reduce the green space. Ms. Barry expressed concern about the diagonal parking spaces. She stated that she would prefer the first option with the 107 parking spaces or the second option with the 113 parking spaces. She stated that she does not feel the Town should push parking into the neighborhood. Mr. Sandeen stated that he preferred the second option with the 113 parking spaces. Mr. McElravy presented the details of the interior of the Police Station. The building will now be reduced from three floors to two floors for an increase in circulation. He presented minor changes, some of which included: relocating the mechanical electrical spaces upstairs for resiliency, opening up some glazing for the dispatch area, and the possibility of creating a memorial area in the front of the building to connect the green spaces. He stated that the adoption of the newly approved Integrated Design Policy was anticipated for this project, so they have been meeting with the Permanent Building Committee and Sustainable Lexington Committee to incorporate the Integrated Design since the beginning of Schematic Design. The meetings for the Integrated Design have occurred on the following dates: Thursday, May 2, 2019, Wednesday June 5, 2019, and Wednesday, October 16, 2019. The policy does require Board of Selectmen endorsement at the end of Schematic Design, Design Development, and Construction Document phases. Mr. McElravy stated that the initial life cycle cost analysis has been modified and preliminary findings have been reviewed. He anticipates a discussion on the analysis findings at the next Board of Selectmen meeting. He also stated that conceptual energy modeling has been done on the first model of the building, so an analysis of the payback for the possibility of geothermal wells can be performed. They are also exploring Net Zero,but it is unclear if there is enough photovoltaics on the site to achieve this. The next phase would include a solar feasibility analysis. In order to get to Net Zero, solar panels may have to be introduced in the parking lot, which are an aesthetic challenge (the roof offers insufficient area to support solar panels). Mr. McElravy is confident that there are enough points to achieve LEED silver certification as the current design is tracking enough points to achieve gold. The decision on pursuing the actual certification would be needed by the end of the Design Development phase. The red list is currently being worked on in conjunction with the Sustainable Lexington Committee to clearly define what the actual goals are and how to achieve them. Ms. Barry inquired about the cost and the timeline of the project. Mr. McElravy stated that documents are being sent to the estimator this week and the updated cost of the project would be available by December 1, 2019. Mr. Sandeen stated that he would like to see a presentation on the requirements of the facility in the future. Mr. Malloy stated that a space needs analysis can be provided to the Board. Ms. Barry inquired again about the timeline of the project. Mr. McElravy stated that the Schematic Design will be wrapped up by the end of the month with the receipt of the estimate. The Design Development is anticipated for early 2020 with a completion of that phase by the end of February. The Construction Documents phase will take approximately three months and after that, the project will be going out to bid. He anticipates that the project will be ready for Spring Town Meeting. Ms. Hai expressed concern regarding there only being one female stall in the locker room. • Lexington Fire Station Project Mr. McElravy presented an update on the progress of the newly retitled"Fire Headquarters" project. He stated that the total budget was $18,820,700 and the total committed is $15,869,748.51. The total amount paid as of today is $4.8 million, encumbered is almost$11 million, and an unencumbered budget and contingency just shy of$3 million. There was some unforeseen asbestos contaminated material found under the foundation of the firehouse that has since been removed. The site cleaning caused a slight delay in the project,but it is now moving forward with the approval of the Department of Environmental Protection(DEP). Ms. Hai inquired about the cost of the asbestos cleanup. Mr. McElravy stated that the asbestos cleanup cost $500,000 in contingency fees. Ms. Barry inquired about the project schedule pending the upcoming snowstorm. Mr. Cronin stated that they are currently in winter conditions and do not foresee the weather being an issue. He stated that they anticipate the completion of the project to take place sometime in April. 2. Discuss Hosmer House Relocation Mr. Malloy presented an update on the relocation of the Hosmer House in conjunction with the Lexington Police Station and Fletcher Park redesign project. He made a recommendation that the Town put together a working group with representatives from the Lexington Housing Assistance Board, Department of Public Facilities, Board of Selectmen(one member), Comprehensive Plan Advisory Committee, Historic Districts Commission, and the Town Manager. He stated that there have been some discussions with these groups regarding the proposal to move the house to Vine Street and there seems to be initial interest in doing so before the Police Station project begins. This would allow for Fletcher Park and the adjacent municipal parking lot to be realigned before construction. Mr. Malloy stated that the goal of the working group would be to hold a couple of meetings, including one with the neighborhood, and report back to the Board of Selectmen in either December or January with some direction and an estimated cost to move the house for consideration at Annual Town Meeting. The Board was in agreement that an informal working group be created to provide direction and cost estimates for relocating the Hosmer House with its best use in mind. They all agreed that Ms. Hai should be the representative from the Board of Selectmen to be in this group. Bob Pressman, 22 Locust Avenue and member of the Community Preservation Committee and Housing Partnership Board, expressed that a working group approach would not allow the meetings for this topic to be posted and for public comments. He does not agree with the closed process for affordable housing discussions. Wendy Manz, Precinct 9 Town Meeting Member, expressed concern that a working group approach would be a closed process and how it creates a strong predilection for one particular solution. She expressed concern regarding the ability to transform the Hosmer House into a six- unit affordable housing option due to spatial and technical limitations. Mr. Lucente suggested that a member be added to the working group from either those who created the original report or a member of the Housing Partnership Board. Betsey Weiss, 8 Dover Lane, suggested that if the Hosmer House were to be moved, that an ell and a barn be added on and it should be a market rate unit(not affordable housing). She also suggested that if it were made into affordable housing, that the financing should not be put on the Lexington Housing Assistance Board,but rather, the Town should fund it. 3. WestMetro HOME Consortium Sub-Recipient Agreement Mr. Malloy presented the agreement between the Town of Lexington and the WestMetro HOME Consortium as a standard agreement, which sets forth the terms and conditions under which the Member Communities will become the recipient of HOME Investment Partnership Program funding. The Consortium is made up of 12 other communities and the City of Newton administers the program. The Town of Lexington's share of the funding this year is $36,365, which is proposed to be used by the Lexington Housing Authority for the renovation of five units at Pine Grove Village. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the HOME Sub-Recipient Agreement as attached and further to authorize the Town Manager to execute the agreement. 4. Joint Meeting- Board of Selectmen and Housing Partnership Board • Presentation on Chapter 40R& Chapter 40S - Smart Growth Districts At 8:32 p.m., the Joint Meeting of the Board of Selectmen and the Housing Partnership Board was called to order by both boards to discuss Chapter 40R and Chapter 40S - Smart Growth Districts. Present for the Housing Partnership Board were: Jeri Foutter, Chair; Bob Peters, Planning Board Liaison; Betsey Weiss, Vice-Chair; Harriet Cohen, Clerk; Bob Pressman; Wendy Manz, Capital Expenditures Committee Liaison; Melanie Thompson; and Paul Linton. Mr. Lucente stated that the presentation will be made by Mark Racicot, Director of the Land Use Division at the Metropolitan Area Planning Council. Mr. Racicot stated that Chapter 40R is a voluntary program for individual municipalities to provide options to adopt and implement zoning that allows for compact, mixed-income, by-right development in areas with existing or planned infrastructure. The minimum affordability component would be 20% of the units and the affordable units would have to be dispersed proportionally throughout the development. This type of development would have to be in an existing area with public infrastructure and adequate water, sewer, and roadways to serve it. The development would have better access to retail and services by offering both direct and indirect financial incentives, as well as a tool to better manage residential growth. The one-time zoning incentive payment to the municipality would be based on the size of the district and the total potential increased number of housing units. The amount ranges from $10,000 for a small site to $600,000 for a large site with a lot of units. There is a second payment when the building permit is issued for the building units. Chapters 40R and 40S serve to reimburse cities and towns for the additional costs of educating new school-age children in smart growth districts. Mr. Racicot explained that the area of concentrated development has to contain at least 50% of an existing commercial/mixed-use zone and at least 50%must also be previously developed (characterized by substantially developed land, even if such land qualifies as underutilized). The non-commercial portions of an Area of Concentrated Development cannot exceed 50% of the district. The Town would not be allowed to put age restrictions on the residential portion of the units. Mr. Sandeen inquired if the Chapter 40S payments were a one-time incentive like the Chapter 40R zoning incentive payment. Mr. Racicot explained that the Town would apply for the Chapter 40S incentive payment annually, but Lexington would likely not be eligible. Mr. Pato expressed that the information in the presentation would benefit the Comprehensive Plan Advisory Committee as they are currently reworking the Comprehensive Plan. Ms. Foutter inquired if there were a timeline for when the area has been zoned to when the building begins and if the State would follow up on the status of the project. She also inquired if there were asset limits for the Chapter 40R, in addition to the income limits. Mr. Pressman inquired if there were any Chapter 40R districts that involve the reuse an office building rather than a mill or manufacturing structure. Ms. Weiss expressed that she is hoping for Chapter 40R to be a part of the Hartwell Avenue process as mixed-use or residential and commercial. Mr. Peters iterated that the funding would be from the State Housing Bond and not the General Fund. David Kanter, Precinct 7 Town Meeting Member, expressed concern regarding the difficulty of incorporating these types of developments within the Lexington community due to the high density. He mentioned that he would like to see a feasibility review done. At 9:14 p.m., the Board of Selectmen and the Housing Partnership Board,respectively, voted to adjourn the Joint Meeting. 3. Grant of Location for Verizon Pole: Lincoln Street- Continuation of Hearing Mr. Lucente opened the hearing at 9:14 p.m. He stated that this hearing for the grant of location for a Verizon pole on Lincoln Street was continued from the August 5, 2019, September 9, 2019, September 23, 2019, October 7, 2019 and October 28, 2019 Board of Selectmen meetings. Verizon New England Inc. and NSTAR Electric Company d/b/a Eversource Energy request permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures, to be owned and used in common by petitioners, along and across public way on Lincoln Street. The Board is being asked to approve the relocation of one (1) JO pole, P.55/16, on the northerly side of Lincoln Street to a point approximately 42' easterly from its current location on the northerly side of Lincoln Street and the Placement one(1) JO pole,P.55/16A, on the northerly side of Lincoln Street to a point approximately 34'westerly from the current location of existing pole, P.55/16, located on the northerly side of Lincoln Street. Mr. Sandeen asked for a status update on the relocation, since the hearing has been continued multiple times. Steve Bigley, a contractor working for Pike Telecom representing the interests of Verizon New England, Inc., stated that there have been several meetings between the abutters and the property owner at 45 Lincoln Street. There were issues with scheduling conflicts between all parties involved, including Police, Fire, and Engineering Departments, which resulted in delays. Ms. Hai expressed concern in regards to the location of the pole causing safety issues or impairments for elderly drivers exiting the abutting driveway. Mr. Pato expressed concern that the property owner at 45 Lincoln Street seeks to move the pole for aesthetic purposes only, thus being unaccommodating to the neighbors. Upon a motion duly made and seconded, the Board of Selectmen voted 3-1-1 to approve (Mr. Pato voted no; Ms. Hai abstained) the relocation of one (1) JO pole,P.55/16, on the northerly side of Lincoln Street to a point approximately 42' easterly from its current location on the northerly side of Lincoln Street and the Placement one (1) JO pole, P.55/16A, on the northerly side of Lincoln Street to a point approximately 34' westerly from the current location of existing pole, P.55/16, located on the northerly side of Lincoln Street. 6. Presentation - 2019 STM Article 6 - Amend Zoning Bylaw to Restrict Automatic Teller Machine as Principal Use in the Center Business District Jerry Michelson, Chair of the Lexington Center Committee, and Bob Creech, Chair of the Planning Board, presented an update on the 2019 Special Town Meeting Warrant Article 6: Amend Zoning Bylaw to Restrict Automatic Teller Machine as Principal Use in the Center Business District. The purpose of this article is to prohibit the principal use of Automatic Teller Machines (ATM) in the Center Business District, and in turn, from the Center storefront spaces. There are currently 12 ATMS that are of accessory use for the banks and credit unions in the Center and they will not be affected by Article 6. The purpose of the article is to prevent an entire storefront being taken up for ATM use and to create a vibrant,pedestrian-friendly shopping experience in the Center Business District. The goal moving forward would be to prevent any ambiguity in the current bylaws and the possibility of low traffic use in an oversized space. Mr. Pato stated that it is really important to clarify the Town's zoning and to make the intent clear when defining the space used for ATMs, so as to head off any potential appeal to land court. The Board was in agreement that this article would benefit the Center Business District and that it would be supported at Special Town Meeting. 7. 186 Bedford Street Memorandum Of Understanding Mr. Malloy presented an update on the Memorandum of Understanding(MOU) for 186 Bedford Street. He stated that the MOU is very similar to what was presented to the Board a few meetings back, but it now includes a noise limitation (as suggested by the Planning Board). When the MOU was discussed in October, the Board agreed to include a noise provision that limited noise between 10:00 p.m. and 6:00 a.m. The MOU has been redrafted to include the provision as well as an update to the date of signature as November 4, 2019. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Memorandum of Understanding between the Town of Lexington and 186 Bedford Street LLC as attached. The Board of Selectmen exited for a brief recess and returned at 9:39 p.m. calling the meeting back to order. 8. 2019 Special Town Meeting- Article Positions/Discussion Mr. Lucente stated that the Board of Selectmen would be discussing 2019 Special Town Meeting and taking positions on the articles. He mentioned that the articles from the 2019 Special Town Meeting Warrant would be presented in the following order: • Article 5: Amend Zoning Bylaw From CD-1 District to CSX District- 7 Hartwell Avenue • Article 7: Amend Zoning Bylaw and Map - 186 Bedford Street • Article 8: Appropriate Funding for 25% Design of the Route 4/225 Bedford Street- Hartwell Avenue-Wood Street Transportation Improvement Project • Article 6: Amend Zoning Bylaw to Restrict Automatic Teller Machine as Principal Use in the Center Business District • Article 9: LED Streetlight Conversion • Article 2: Appropriate for Prior Year's Unpaid Bills • Article 3: Appropriate To and From Specified Stabilization Funds • Article 4: Amend FY2020 Operating, Enterprise, Revolving and CPA Budgets Mr. Lucente stated that Article 1: Reports of Town Boards, Officers, Committees would not have positions from the Board. Ms. Hai would like to have an Article 1 report on the Ad Hoc Special Permit Residential Development Zoning Bylaw Amendment Committee(SPRD) and Ms. Barry would like to have a report on the Ad Hoc Crematory Study Committee. The resulting positions chart is appended to the end of these minutes. 9. Approve Collective Bargaining Agreement -Fire Union Ms. Barry recused herself on this item as her husband is an employee of the Town. Mr. Malloy presented an update on the Collective Bargaining Agreement between the Town of Lexington and the Fire Union. He stated that there is a 2% Cost-of-Living Adjustment (COLA) for FY2020, FY2021, and FY2022 included. A 1% increase has been added to the top step on a number of differentials as well as 2% for firefighters to address issues in the Comparison Study. The Town has also agreed to increase the hazardous pay from 2% to 2.5% during the contract and then 3% at the last year of the contract. There were also some small management issues adjusted in the agreement. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Fire Union contract as presented. 10. Future Meeting Dates Mr. Lucente presented a proposed schedule of meeting dates for November 2019 through September 2020 for the Board of Selectmen to consider. Ms. Hai stated that she will not be attending the proposed January 6, 2020 Board of Selectmen meeting. Ms. Barry stated that she will not be attending the proposed April 13, 2020 Board of Selectmen meeting. She inquired when the voting of the "White Book" and the voting of the `Brown Book" would fit in the proposed schedule. Mr. Sandeen stated that the proposed March 2, 2020 Board of Selectmen meeting falls the night before the election. The Board agreed to make the March 2, 2020 meeting date tentative. Ms. Barry expressed concern regarding a meeting occurring directly after the Massachusetts Municipal Association (MMA) Conference in January. The Board agreed to make the proposed January 27, 2020 meeting"light" and"if needed". Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the future meeting dates as amended. The resulting list of amended future meeting dates has been appended to the end of these minutes (See Appendix B). 11. Consider Resolution in Support of House Bill 2849/ Senate Bill 1940 -Act For Utility Transition to Using Renewable Energy Marcia Gens, Sustainable Lexington Committee,presented a request for the Board of Selectmen's consideration regarding the approval of a resolution in support of the Act for Utility Transition to Using Renewable Energy(FUTURE) House H.2849/Senate S.1940. The bill supports having gas leaks be considered as part of a transition to a more renewable future. Mr. Pato stated that the resolution is capturing what the Board of Selectmen has already done by and large regarding concerns about gas leaks around Town, advocating for passage of the principles enumerated in the bill, and the importance of the core concepts in the bill being passed and brought into law. Mr. Lucente stated that the resolution was requested at the last minute and would like more time to gather information for requests in the future. Ms. Barry questioned why the topic was presented as a resolution to the Board and not in a letter of support. She stated that there was not enough backup information in the presentation of this item because it was a last-minute addition to the agenda. David Kanter, Precinct 7 Town Meeting Member, inquired if there were anything in the language of the act that would make some statement about the need for responsible response to fixing gas leaks. Mr. Pato stated that he is not aware of any language in the Board of Selectmen's resolution or the act regarding penalties. Mr. Sandeen stated that the act is focused on providing a transition for the utility companies to move from being gas providers to being heat providers. The act does ask utility companies to review the cost that they would be spending in taxpayer money to repair and replace existing infrastructure that is rotting and the option of transitioning to the newer type of heating services. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the resolution in support of House Bill 2849/Senate Bill 1940- Act for Utility Transition to Using Renewable Energy(FUTURE). 12. Selectmen Committee Appointments Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Cynthia Arens to the Sustainable Lexington Committee with a term expiration date of September 30, 2022. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Pamela Lyons to the Transportation Advisory Committee with a term expiration date of September 30, 2022. 13. Accept the Terms of the Emily and Frank Smiddy Scholarship Fund Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the terms of the Emily and Frank Smiddy Scholarship Fund that will be managed by the Trustees of Public Trusts. CONSENT AGENDA 1. Approve and Sign Eagle Scout Commendation Letter- Gabriel Denton Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a letter of commendation congratulating Gabriel "Gabe" Denton for attaining the highest rank of Eagle in Boy Scouting. 2. Approve One-Day Liquor License Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One- Day Liquor License for the Lexington Symphony to serve wine from 9:30 p.m. to 10:30 p.m. for the purpose of their Post-Concert Reception to be held in Estabrook Hall, Cary Memorial Building, 1605 Massachusetts Avenue, on Saturday, November 9, 2019. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 10:10 p.m. A true record; Attest: Stacey Prizio Department Assistant Article Positions 2019 Special Town Meeting DL JP SB JH MS Art.# Article Presenter 2 Appropriate for Prior Year's JH Unpaid Bills Y Y Y Y Y 3 Appropriate To and From JP Specified Stabilization Funds (a) Section 135 Zoning By- Law N/A N/A N/A N/A N/A (b)Traffic Mitigation Y Y Y Y Y (c)Transportation Demand Management/Public Transportation Y Y Y Y Y (d) Special Education N/A N/A N/A N/A N/A (e)Center Improvement District N/A N/A N/A N/A N/A (f)Debt Service N/A N/A N/A N/A N/A (g) Transportation Management Overlay District N/A N/A N/A N/A N/A (h) Capital Y Y Y Y Y (i)Payment in Lieu of Parking N/A N/A N/A N/A N/A 0)Visitor Center Capital Stabilization Fund N/A N/A N/A N/A N/A (k)Affordable Housing Capital Stabilization Fund N/A N/A N/A N/A N/A (1)Water System Capital Stabilization Fund N/A N/A N/A N/A N/A (m)Ambulance Stabilization Fund N/A N/A N/A N/A N/A 4 Amend FY2020 Operating, DL Enterprise,Revolving and CPA Budgets Y Y Y Y Y 5 Amend Zoning Bylaw from CD- SB 1 District to CSX District-7 Hartwell Avenue(Owner Petition) Y Y Y W W 6 Amend Zoning Bylaw to Restrict MS Automatic Teller Machine as Principle Use in the Center Business District Y Y Y Y Y 7 Amend Zoning bylaw and Map - JH 186 Bedford Street(Owner Petition) Y Y Y Y Y 8 Appropriate Funding for 25% JP Design of the Route 4/225 Bedford Street-Hartwell Avenue -Wood Street Transportation Improvement Project Y Y Y Y Y 9 LED Streetlight Conversion DL Y Y Y Y Y Appendix B Proposed Board of Selectmen Meeting Dates DATE TIME MEETING LOCATION Monday, November 4,2019 7:00 p.m. BOS Meeting Selectmen's Meeting Room Tuesday, November 12, 2019 6:00 p.m. BOS Meeting (prior to STM) Selectmen's Meeting Room Wednesday, November 13,2019 6:00 p.m. BOS Meeting (prior to STM) Selectmen's Meeting Room Monday, November 18, 2019 7:00 p.m. BOS Meeting Selectmen's Meeting Room Thursday, November 21, 2019 7:00 p.m. Financial Summit II 201 Bedford Street BOS Meeting/State Reps at 8:00 Monday, December 2,2019 7:00 p.m. p.m. Estabrook Hall Tuesday, December 3,2019 3:00 p.m. Department Budget Presentation Selectmen's Meeting Room Department Budget Presentation Wednesday, December 4,2019 9:00 a.m. (+BOS Luncheon) Selectmen's Meeting Room Monday, December 9,2019 5:00 p.m. Department Budget Presentation Selectmen's Meeting Room Monday, December 16,2019 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,January 6,2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday,January 13,2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Thursday,January 16,2020 7:00 p.m. Financial Summit III 201 Bedford Street Monday,January 27,2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, February 3,2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Thursday, February 6,2020 7:00 p.m. Financial Summit IV 201 Bedford Street Monday, February 10, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, February 24, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, March 2, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, March 9, 2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, March 16,2020 7:00 p.m. BOS Meeting Selectmen's Meeting Room Monday, March 23,2020 6:00 p.m. BOS Meeting (prior to ATM) Selectmen's Meeting Room Wednesday, March 25,2020 6:00 p.m. BOS Meeting (prior to ATM) Selectmen's Meeting Room Monday,March 30,2020 6:00 p.m. BOS Meeting (prior to ATM) Selectmen's Meeting Room Joint Meeting Board of Selectmen and Housing Partnership Board November 4, 2019 A Joint Meeting of the Lexington Board of Selectmen and Housing Partnership Board was called to order at 8:32 p.m. on Monday, November 4, 2019 in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Present for the Housing Partnership Board were: Jeri Foutter, Chair; Bob Peters, Planning Board Liaison; Betsey Weiss, Vice-Chair; Harriet Cohen, Clerk; Bob Pressman; Wendy Manz, Capital Expenditures Committee Liaison; Melanie Thompson; and Paul Linton. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Presentation on Chapter 40R & Chapter 40S - Smart Growth Districts The Board of Selectmen and the Housing Partnership Board met to discuss Chapter 40R and Chapter 40S - Smart Growth Districts. Mr. Lucente stated that the presentation will be made by Mark Racicot, Director of the Land Use Division at the Metropolitan Area Planning Council. Mr. Racicot stated that Chapter 40R is a voluntary program for individual municipalities to provide options to adopt and implement zoning that allows for compact,mixed-income, by-right development in areas with existing or planned infrastructure. The minimum affordability component would be 20% of the units and the affordable units would have to be dispersed proportionally throughout the development. This type of development would have to be in an existing area with public infrastructure and adequate water, sewer, and roadways to serve it. The development would have better access to retail and services by offering both direct and indirect financial incentives, as well as a tool to better manage residential growth. The one-time zoning incentive payment to the municipality would be based on the size of the district and the total potential increased number of housing units. The amount ranges from $10,000 for a small site to $600,000 for a large site with a lot of units. There is a second payment when the building permit is issued for the building units. Chapters 40R and 40S serve to reimburse cities and towns for the additional costs of educating new school-age children in smart growth districts. Mr. Racicot explained that the area of concentrated development has to contain at least 50% of an existing commercial/mixed-use zone and at least 50%must also be previously developed (characterized by substantially developed land, even if such land qualifies as underutilized). The non-commercial portions of an Area of Concentrated Development cannot exceed 50% of the district. The Town would not be allowed to put age restrictions on the residential portion of the units. Mr. Sandeen inquired if the Chapter 40S payments were a one-time incentive like the Chapter 40R zoning incentive payment. Mr. Racicot explained that the Town would apply for the Chapter 40S incentive payment annually,but Lexington would likely not be eligible. Mr. Pato expressed that the information in the presentation would benefit the Comprehensive Plan Advisory Committee as they are currently reworking the Comprehensive Plan. Ms. Foutter inquired if there were a timeline for when the area has been zoned to when the building begins and if the State would follow up on the status of the project. She also inquired if there were asset limits for the Chapter 40R, in addition to the income limits. Mr. Pressman inquired if there were any Chapter 40R districts that involve the reuse an office building rather than a mill or manufacturing structure. Ms. Weiss expressed that she is hoping for Chapter 40R to be a part of the Hartwell Avenue process as mixed-use or residential and commercial. Mr. Peters iterated that the funding would be from the State Housing Bond and not the General Fund. David Kanter, Precinct 7 Town Meeting Member, expressed concern regarding the difficulty of incorporating these types of developments within the Lexington community due to the high density. He mentioned that he would like to see a feasibility review done. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to close the Joint Meeting at 9:14 p.m. The Housing Partnership Board voted the same. A true record; Attest: Stacey Prizio Department Assistant SELECTMEN'S MEETING Tuesday,November 12, 2019 A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Tuesday, November 12, 2019 in the Selectmen's meeting room. Doug Lucente, Chair; Joe Pato; Suzie Barry, Jill Hai and Marl-, Sandeen were present as well as James Malloy, Town Manager; and Kim Katzenback, Executive Clerk. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review Ad Hoc Crematory Study Committee Final Report Ms. Barry introduced Mr. Bridger McGaw, Ad Hoc Crematory Study Committee member, to present a summary of the Committee's Final Report to the Board of Selectmen. Mr. McGaw said the Ad Hoc Crematory Study Committee was formed by the Board of Selectmen (BOS) in September 2018 and charged with making one of the following recommendations regarding a potential Crematory at Westview Cemetery: 1. Build a crematory adjacent to/connected to proposed new Westview Building, or 2. Build a crematory on another location on the Westview property or 3. Do not build a crematory at this time. Mr. McGaw stated the Committee's work included an operational and feasibility analysis; exploration of various business models; numerous interviews; a Massachusetts municipality survey; further review of public comments; and conferring with Town Counsel, DPW, and Town Finance on Town financial implications. Mr. McGaw affirmed the Committee was sensitive that not all end-of-life religious observances can presently be performed in our community. He said the Committee's analysis resulted in the determination a crematory operation would not be a feasible operational addition to the Town at this time given the lack of a predictable quantity of clients needed to financially break even in combination with the stringency of current state regulations. On August 20, 2019, the Ad Hoc Crematory Study Committee voted 5-1 (with one member absent) not to support building a crematory at this time as its final recommendation. Upon a motion duly made and seconded,the Board of Selectmen voted 5-0 to accept the report of the Ad Hoc Crematory Study Committee. 2. Approve MWRA Sewer Bond Ms. Kosnoff, Assistant Town Manager for Finance, said the Massachusetts Water Resources Authority (MWRA) has recently announced a new round of financial assistance for member communities to fund sewer improvement projects. She explained Lexington is eligible is eligible receive total assistance of$1,560,000 through this program which includes a grant of$1,170,000 and a zero interest loan of$390,000 which the Town would repay to MWRA over a period of 10 years. Ms. Kosnoff explained the MWRA loan would be issued in the form of a municipal bond and would be applied against the authorization in Article 18 from the 2019 Annual Town meeting. She said the bond will fund sewer and manhole rehabilitation throughout Town, and will reduce the amount the Town will have to fund through a market rate bond. The grant will supplement funding that was authorized by Town meeting. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 that the sale of the $390,000 Sewer Bond of the Town dated November 18, 2019, to Massachusetts Water Resources Authority(the"Authority")is hereby approved and the Town Treasurer or other appropriate Town official is authorized to execute on behalf of the Town a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The bond shall be payable without interest on November 15 of the years and in the principal amounts as follows: Year Installment Year Installment 2020 $39,000 2025 $39,000 2021 39,000 2026 39,000 2022 39,000 2027 39,000 2023 39,000 2028 39,000 2024 39,000 2029 39,000 And Further: that each member of the Board of Selectmen,the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing vote. 3. Approve Placement of Sign at Camellia Place Mr. Malloy said Denis Tremblay of Tremblay Real Estate Trust, owner of a commercial building at 8-10 Camellia Place requested the Board of Selectmen reaffirm their decision from December 9, 1991 to allow a free standing sign be placed on the Northwest corner of Town owned land at 45 Bedford Street that indicates the entrance to 8-10 Camellia Place. Mr. Tremblay received a special permit from the Zoning Board of Appeals on May 23, 2019 for the new sign. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the placement of a free standing sign on the Northwest corner of the Town owned land at 45 Bedford Street in accordance with the Zoning Board of Appeals decision of May 23, 2019 with exact placement to be determined after consultation with the Town Engineering Department, Police Department and the Department of Public Facilities. 4. Review Town Manager Performance Evaluation Template and Goals Process Mr. Lucente stated the Town Manager's Employment Agreement cites "the Board and Mr. Malloy will mutually establish goals for the ensuing year, and at least once each year, the Board will evaluate Mr. Malloy's performance in relation to those goals and his general performance of duty." Mr. Lucente asked the Board for their feedback regarding a new proposed Town Manager Performance Evaluation Template, scoring format and procedure. He noted the proposed template addresses key measures and accommodates future measures. The Board reviewed the proposed Town Manager Performance Evaluation template and the Board agreed to use the following proposed procedures and the methodology to establish the Goals for the Town Manager's upcoming year. The Board confirmed the Executive Clerk would compile the individual Board member evaluations submission into a single document for the new process. POLICY AND PURPOSE: The purpose of this evaluation instrument is to formally evaluate the Town Manager's performance on an annual basis. The document allows the Board to assess the Town Manager's performance in key competency areas and in the accomplishment of goals. Through the evaluation procedure, Board members will recognize strengths, offer positive feedback, and suggest any areas that require corrective action. Individual performance evaluation forms prepared by members of the Board are considered work product/personal documents, and shall not be publicly released. The only document to be released will be an overview document, compiling the scores and comments, prepared by the Executive Clerk to the Board. PROCEDURE: 1. The period of evaluation is October 1 through September 30. 2. The Town Manager will submit a narrative self-evaluation including a report on goal achievement. A copy of that self-evaluation/goal achievement and a blank evaluation form will be distributed to each Board member. 3. Board members will complete their evaluation forms and provide them to the Executive Clerk by a date set by the Chair. 4. The Executive Clerk will compile scores from individual evaluation forms and develop a consensus overview document. In each of the competency areas, the Executive Clerk will add the scores of each Selectman and divide by 5 to develop the composite score. 5. The Executive Clerk will give the individually completed performance evaluation forms to the Director of Human Resources who will place them in the Town Manager's personnel file. 6. The Executive Clerk will provide the Town Manager with the consensus evaluation overview document at least one week prior to the date at which the document will be publicly discussed Upon a motion duly made and seconded, the Board of Selectmen vote 5-0 to approve the revised Town Manager Performance Evaluation template and proposed process as amended. 5. 2019 Special Town Meeting- Article Positions/Discussion The resulting chart is appended to end of these minutes. ADJOURN Upon a motion duly made and seconded,the Board of Selectmen voted 5-0 to adjourn the meeting at 7:14 p.m. Attest: Kim Katzenback Executive Clerk ARTICLE POSITIONS 2019 SPECIAL TOWN MEETING ARTICLE PRSNTR DL JP SB JH MS 1 Reports of Town Boards, Officers, N/A Committees N/A N/A N/A N/A N/A 2 Appropriate for Prior Year's Unpaid Bills JH Y Y Y Y Y 3 Appropriate To and From Specified JP Stabilization Funds (a) Section 135 Zoning By-Law N/A N/A N/A N/A N/A (b)Traffic Mitigation Y Y Y Y Y (c)Transportation Demand Management/Public Transportation Y Y Y Y Y (d) Special Education N/A N/A N/A N/A N/A (e)Center Improvement District N/A N/A N/A N/A N/A (f)Debt Service N/A N/A N/A N/A N/A (g)Transportation Management Overlay District N/A N/A N/A N/A N/A (h) Capital Y Y Y Y Y (i)Payment in Lieu of Parking N/A N/A N/A N/A N/A 0)Visitor Center Capital Stabilization Fund N/A N/A N/A N/A N/A (k)Affordable Housing Capital Stabilization Fund N/A N/A N/A N/A N/A (1)Water System Capital Stabilization Fund N/A N/A N/A N/A N/A (m)Ambulance Stabilization Fund N/A N/A N/A N/A N/A 4 Amend FY2020 Operating,Enterprise, DL Revolving and CPA Budgets Y Y Y Y Y 5 Amend Zoning Bylaw from CD-1 District to SB CSX District-7 Hartwell Avenue (Owner Petition) Y Y Y W W 6 Amend Zoning Bylaw to Restrict Automatic MS Teller Machine as Principle Use in the Center Business District Y Y Y Y Y 7 Amend Zoning bylaw and Map- 186 Bedford JH Street(Owner Petition) Y Y Y Y Y 8 Appropriate Funding for 25%Design of the JP Route 4/225 Bedford Street-Hartwell Avenue -Wood Street Transportation Imporovement Project Y Y Y Y Y 9 LED Streetlight Conversion DL Y Y Y Y Y Selectmen's Meeting November 18, 2019 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, November 18, 2019 in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. SELECTMAN CONCERNS AND LIAISON REPORTS Mr. Pato reported that on November 9, 2019, he attended the Diversity Advisory Task Force meeting that was held at the Lexington Community Center. The meeting addressed questions of the Asian communities within the Town. Mr. Pato stated that the Tax Deferral and Exemption Study Committee will be proposing a warrant article to the Board on increasing the threshold for the tax deferral program. Mr. Lucente mentioned that he and Mr. Pato had attended the Age-Friendly Survey Results presentation by the University of Massachusetts Boston. The topics that were covered were: housing, transportation, isolation, and communication needs of the senior citizens of the Town. The Council on Aging will be reviewing the proposals from the survey and will be presenting to the Board in the future. Mr. Lucente reported that he had met with the Chair and Vice-Chair of the Lexington Human Rights Committee, where they discussed the success of their No Hate November program. Mr. Lucente reminded the Board that the Town Manager evaluation is due on November 19, 2019. Also, the deadline for the topics for the State House delegation is on November 22, 2019. Mr. Lucente concluded with an announcement that he has decided to run for re-election in March of 2020. Ms. Barry extended condolences on behalf of the Board to the Worcester Fire Department for the loss of Lieutenant Jason Menard, who died in the line of duty. She also expressed condolences for the death of Former Massachusetts State Senator Susan Fargo, who had passed away on November 15, 2019. Senator Fargo served the Town of Lexington for eight terms. Mr. Sandeen announced that he has decided to run for re-election in March of 2020. Mr. Sandeen reported that the Noise Advisory Committee requested that the Board investigate making a recommendation for a construction noise by-law. The committee is meeting tomorrow night and would like some guidance as to when they should come before the Board to meet timelines for Annual Town Meeting. Mr. Sandeen mentioned that on November 5, 2019, he attended a public comments session with the Board of Building Regulations and Standards (BBRS), where he presented the Board of Selectmen's letter from June regarding desired regulations and standards for a Net Zero Stretch Energy Code. He said that the BBRS was pushing back on the proposal of the Net Zero Stretch Energy Code. Mr. Sandeen stated that on November 12, 2019, he presented a resolution on behalf of the Board in support of the H.R. 2486 FUTURE Act, which was passed recently through the Joint Committee on Telecommunications, Utilities and Energy. TOWN MANAGER REPORT Mr. Malloy reported that there have been a couple of requests for the Town to investigate short term rental by-laws. He assured the Board that the Planning Department is working on the requests and the plan is to have a presentation prepared for Annual Town Meeting. Mr. Malloy announced that the Sustainability Director's position was advertised late last week. The posting closes in mid-December and he hopes to start seeing some candidates applying for the position. Mr. Malloy reported that the first non-civil service recruitment for the Lexington Police Department was a success. There were over one hundred candidates, eight of which were extended offers for the current vacancies. Mr. Malloy reported that the Economic Development Office and the National Park Service of Concord met recently to discuss cooperative efforts and opportunities related to tourism. Mr. Malloy stated that Eversource has completed their work in the Depot Square and NSTAR parking lots for the electric vehicle (EV) charging stations. The Town's contractor will be installing the actual EV charging stations at a date in the near future, starting with the Michelson's parking lot. Mr. Malloy concluded with a reminder that Summit 11 is on November 21, 2019. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing: Tax Classification Presentation Mr. Lucente opened the public hearing at 7:10 p.m. Carolyn Kosnoff, Assistant Town Manager for Finance, and Greg Johnson, Chair of the Board of Assessors,presented the FY2020 tax classification options and preliminary tax rates for consideration by the Board of Selectmen. This presentation was also a tax classification hearing to take public comments in the Board's consideration of the tax classification options. This was the first meeting in the process of setting the FY2020 tax rates. Ms. Kosnoff stated that the following items needed to be voted on by the Board of Selectmen to set the tax rate: • The residential factor that provides the opportunity to set one tax rate, which would apply to all resident and commercial properties, commercial, industrial,personal or split the tax rate, which would shift the burden from the residential onto the commercial up to a factor of 1.75%. • The open space discount, which does not apply to the Town of Lexington as there are no properties in town that would classify as open space. • The residential exemption is an option that would provide a potential discount to property owners that live in owner-occupied homes and it would shift some of the residential tax levy onto nonowner-occupied homes. • The small commercial property exemption is only applicable to commercial properties that are under$1 million in value and the occupants of that property need to have less than 10 employees. The property does not need to be owner-occupied. Currently, the Town has 76 commercial properties that are under $1 million in value and 800 businesses that have less than 10 employees. The onus would be on the Assessor's Office to create a list of properties to which this would apply. Ultimately, the burden would be shifted from the smaller commercial properties to the larger commercial properties. Ms. Kosnoff proposed that the Board of Selectmen vote on the FY2020 tax classification options at the next meeting on December 2, 2019. At that time, the Board will take four votes, which are described in the memorandum in the attached Fiscal Year 2020 Tax Classification Packet(See Appendix A). Mr. Johnson provided a brief overview of Exhibits A through G in the Fiscal Year 2020 Tax Classification Packet. Ms. Hai questioned the inconsistency of the impact percentage, with the exception of small and medium offices, which has a distinct 13.5%increase. She inquired if it was due to the assessment value. Mr. Pato explained that the average assessment last year was $1.2 million and the average assessment this year is almost $1.4 million, which is about a 13-14% increase in value. Mr. Lucente inquired if the 76 aforementioned properties included commercial condominiums as he was unclear as to the rules around the decision in valuation/assessment. He also inquired about how the mixed-use properties were incorporated into the assessment. Ms. Kosnoff stated that the 76 potential properties did in fact include commercial condominiums. Rob Lent, Town Assessor, stated that there are 20 mixed-use properties in the Town of Lexington and they vary in terms of size of the residential and commercial segments. There is currently no definitive data or guidelines to categorize these properties further into mixed-use and single-use. However, the mixed-use properties would be defined as partially residential at the residential rate and partially commercial at the commercial rate. Ms. Barry questioned the number of retail properties listed in Exhibit D.1 as the number has decreased from 93 properties last year to 80 properties this year, as well as the decrease in lab offices by three. Mr. Lent stated the number 93 was a mistake and should not have been listed in the final numbers last year. The number of retail properties has consistently been 79 to 80 from year to year. He also stated that four of the lab properties converted to industrial condos with some non- lab office spaces, which decreased the number on the assessment. Mr. Sandeen inquired about the median tax differential in Exhibit D.1 going up 3.7% and Mr. Johnson's comment regarding the net of new growth. He wanted to know what the average resident would see if after new growth is factored in. Mr. Johnson stated that the numbers were run with growth included and the total percentage was closer to 4.6%. Ms. Kosnoff stated that the average property owner would see 3.7%without the new growth number factored in. Upon hearing no further comments, Mr. Lucente closed the hearing at 7:47 p.m. 2. Recommendations for Restriping Massachusetts Avenue to Include Additional Parking Mr. Malloy presented a proposal from the Parking Management Group that recommended 82 additional on-street parking spaces on Massachusetts Avenue, Waltham Street, Meriam Street, and Clarke Street. This was an initial presentation to the Board for consideration and input before a final recommendation for action will be presented. Mr. Malloy stated that the 82 additional on-street parking spaces would be divided as follows: 61 spaces on Massachusetts Avenue, two spaces on Waltham Street, ten spaces on Meriam Street, and nine spaces on Clarke Street. This proposal is consistent with the Parking Management and Implementation Plan that was approved by the Board of Selectmen in 2016. Mr. Pato stated that he is amenable to the addition of new parking spaces because the spots will be clearly defined for more organized parking amongst driveways and intersections. He also expressed that the paint on the roads would slow down traffic due to the perception of a narrower roadway and would benefit pedestrians attempting to cross busy areas of Massachusetts Avenue. Mr. Lucente expressed concern regarding the potential for the new spaces to turn into all-day parking much like the spaces that are currently in front of the Muzzey area. He expressed that he is not in favor of the addition of the new parking spaces on Massachusetts Avenue because he feels as though it changes the character of that part of town. He is amenable to the addition of new parking spaces on Waltham Street, but the proposed spaces on Meriam and Clarke Streets might pose a safety concern, since the streets are already narrow with the current parking. Ms. Barry stated that she is not unopposed to the addition of parking spaces on Massachusetts Avenue as there is enough space. However, she is not agreeable to the spaces being added on Waltham Street as she feels it would be difficult to navigate the driveways and existing parking spots. She is amenable to the addition of marked parking spots on Meriam and Clarke Streets. Mr. Sandeen expressed that he would like to hear why the Parking Management Group had recommended the large number of additional parking spaces on Massachusetts Avenue because he was not on the Board in 2016 when the original recommendation was made. He is also interested in hearing more about the interaction of these additional spaces and bike pathways. Ms. Hai stated that she is in favor of the addition of new parking spaces on Massachusetts Avenue because a lot of the current parking impedes driveways in the area. She does not agree with the addition of parking spaces on Waltham Street due to the congestion at the light and she feels as though maybe one spot could be added at most. She is agreeable to the addition of parking spaces on both Meriam and Clarke Streets. Lastly, she is in support of the striping,but she does not support changing the timeframes of the parking without a plan in place. Mr. Pato stated that the current parking regulations will not be changed at this time and that the spaces that will be striped on Massachusetts Avenue in particular are already existing parking that is used intermittently. Ms. Hai commented that the original intent of the Parking Management Group in 2016 was to address the all-day parkers who would park on side streets off of Massachusetts Avenue and cause congestion by narrowing the streets. David Kanter, Precinct 7 Town Meeting Member,requested that the topic be described as "street marking" as opposed to "adding spaces"to avoid confusion. He also inquired about metering potential for the new parking spaces. John Flynn, 1 Hunt Road, expressed concern in regards to safety on Massachusetts Avenue with the addition of new parking spaces. Mr. Lucente stated that he would like to see the neighbors of these areas engaged in the future plans for the addition of new parking spaces. 3. Update on Solar and Storage Request for Proposal Shawn Newell, Assistant Director of Public Facilities, and Jackson Dowdy, a representative from Ameresco, presented the Solar and Storage Request For Proposal (RFP)under the Solar Smart Program. The Solar RFP has been issued and has been in the process of negotiations for the past several months. The purpose of the presentation was to update the Board of Selectmen on the solar project and to seek the Board's approval for authorization of the Town Manager to sign agreements with Ameresco. The approval of this project is time sensitive and needs to be completed by the next Board of Selectmen meeting. The Department of Public Facilities will be requesting that the Town Manager, with approval of the Board of Selectmen and the School Committee, execute into a Power Purchase Agreement (PPA). Kevin Batt, Town Counsel, was also in attendance. Mr. Newell stated that the Town of Lexington currently uses solar power and the production of which makes up about 11% of the town and school electric load. There is a social cost benefit of about $40,000 and there are about 849 top metric tons of a reduction in greenhouse gases. Each year, the Town saves about $156,500 on the electric bill due to solar credits. Mr. Newell stated that with the new construction designs (copper bullets,rooftop, and battery storage) it would increase the town and school load to 20%production. The reduction in greenhouse gases would be 2,255 metric tons and it would have a social benefit of$113,000. The social benefit number would increase if the Town were to move into a PPA. Mr. Newell stated that the benefit of entering into a third party ownership would be as follows: a third party building the solar sites while the Town benefits from the solar comps, Ameresco would take on the project development and performance risk as referenced in the PPA but will receive the tax benefits, smart incentives, and PPA revenue from Lexington, and the third party developer would be responsible for development of the project acquisition materials, installation of equipment, and operation/maintenance of the system throughout its life. The Town of Lexington benefits from a low cost and long-term power contract of 20 years. It would assist in the Town's sustainability goals, demand cost reduction with electricity and challenge group buildings, and the Town will receive a pilot payment in lieu of taxes as revenue. The Department of Public Facilities has identified seven school sites as locations for the solar production with different savings at each site. Mr. Newell concluded with the timeline sensitivity of approving the Town Manager to enter into a PPA. The incentive rates, construction timeline, and the financial outlook of the program would all be impacted by a delay of an approval. Mr. Lucente had asked what would happen in 20 years at the end of the agreement. He also inquired about the battery replacement at 10 years versus 20 years, as well as the placement of electric vehicle (EV) charging stations. Mr. Newell stated that the Town could ask Ameresco to remove all of their equipment from the sites or ask for a buyout and purchase the equipment at a reduced cost. The battery replacement is still under negotiations. There are no current plans for the placement of EV charging stations, but the conduit will be in place for future installation. Ms. Barry stated that the addition of solar on the Town pool building would make a statement to the community. Mr. Sandeen stated that what was not mentioned during the presentation were the benefits of the Lexington Children's Place and Hastings Elementary School. The two properties would be generating an excess amount of solar than what would be needed a year for electricity to run the buildings. If the project were to move forward,both buildings would become Net Zero schools and would benefit the Town by bringing in revenue via renewal energy credits from the State program called Alternative Portfolio Standard. Mr. Pato expressed surprise that the new Fire Department Headquarters was not included on the list of sites receiving solar panels and battery storage. Mr. Dowdy stated that the site was not considered from a financial standpoint due to the size of the site,but Ameresco is working toward opportunities through either capital projects or an alternative to finance the addition of solar and batteries at a later date. Mr. Lucente expressed concern that only buildings in Town were considered for this project and that parking, such as at Lincoln Park, was not considered. He felt that it would have been helpful to consider all aspects for such a long-term contract. Ava Schaeffer, 60 Ledgelawn Avenue and student at William Diamond Middle School, expressed that this project would benefit the environment by reducing the carbon dioxide (CO2) emissions. Erica Baca, 12 Coolidge Avenue and student at William Diamond Middle School, expressed that this project would benefit the environment positively, impact climate change, and help preserve the next generation. Jong Min Kim, 30 Preston Road, expressed that this project would be useful for saving energy and stop climate change. Dawn McKenna, Chair of the Tourism Committee, inquired about the excess credits from the Lexington Children's Place benefitting the Visitors Center, since that site was not eligible for the solar panels and storage. Mr. Batt stated that if there is a surplus production at any site it could be turned into net metering credits to particular other accounts in the municipality via a form filed with the utility company called a Schedule Z. The Visitors Center could be one of those accounts once the PPA is in place. Dave Pinsonneault, Director of Public Works, wanted to remind the Board that Lincoln Park is over a closed landfill, so any activity in that area would involve the Department of Environmental Protection (DEP) and environmental regulations. Todd Rhodes, Sustainable Lexington Committee, voiced support for the project on behalf of the committee. Mike Cronin, Director of Public Facilities, stated that at the Hastings Elementary School site, the Town is still working with Ameresco on the budget to the lay the underground work. Based on the budget provided, the Town will work with their own contractor to see if it can be done at an equal or lesser value. 4. Update on Center Track Project Melissa Battite, Director of Recreation and Community Programs, Meg Buczynski, Principal Engineer from Activitas, Inc., and Dave Pinsonneault, Director of Public Works, presented an update on the Center Track Project. Ms. Buczynski stated that the synthetic turf surface has been installed, as well as all of the paving around the track. The next steps in the project are to touch up the landscaping, install the fencing, and begin to touch up the edges in preparation for top soil and plantings in the spring. The lighting has been installed with conduits and wiring is happening in the upcoming weeks. The facility will remain closed until completion of the project and anticipate opening a few weeks into the warmer weather in the spring. Ms. Battite stated that the project came in under budget with a balance of$219,000. After consulting with Town staff and conducting community meetings, it was decided that the additional funds would be spent on the following: a protective covering for the track during the fireworks displays, additional lighting from the backend of the tennis courts to the playground, as well as to the bathrooms, an emergency blue box which would be installed in the plaza area, repaving of park drive and the parking area, the installation of a hammer/discus cage and pads, and some improvements to the practice field. Mr. Sandeen questioned what was left for completion on the project. Ms. Buczynski stated that the blue rubberized surfacing has yet to be completed, as well as the landscape areas and bringing in the top soil for the spring plantings. The shotput area and the paving of the pedestrian walkways will be done late next week. The Board of Selectmen exited for a brief recess and returned at 9:02 p.m. calling the meeting back to order. Mr. Lucente amended the order of the agenda. 5. Proclamation- 100th Anniversary of Michelson's Shoes The Board is being asked to approve and sign a proclamation in honor of the 100th Anniversary of Michelson's Shoes, 1780 Massachusetts Avenue. Michelson's Shoes has been a fixture in Lexington Center since 1919, when it was once a harness and shoe repair shop located at 1806 Massachusetts Avenue. Over the course of 100 years, the business has been passed down through four generations of the Michelson family and has continued to provide dedication and commitment to the Lexington community via their customers, as well as the Lexington Retailers Association. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the proclamation. Mr. Lucente returned to the order of the agenda. 6. Discuss EV Charging Parking Regulations Mr. Malloy presented an update to the electric vehicle (EV) charging station parking regulations (as previously discussed and edited). Mr. Malloy stated that there were additional minor edits to the EV charging station regulations, which included the addition of some verbiage regarding the maximum time limit while any other meter time limitation is in effect. Also, item (E)was clarified further, as it originally started with "Metered parking spaces...". It has since been changed to "EV Charging Station parking spaces..." which makes it clear that not all metered parking spaces are reserved for electric vehicles. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the amendment to Section 192-40 of the Traffic Rules and Regulations as follows: § 192-40 Parking Meters with EV Charging Stations the Town of Lexington encourages use of the public EV Charging Stations found in municipal parking lots in Lexington. The following shall apply: A. All normal parking fees and rules shall apply to parking spaces with EV Charging capabilities. B. There is established a four-hour maximum time limit for parking at an EV Charging Station while any other metered time limitation is in effect. C. EV Charging Stations shall charge a rate as set by the Board of Selectmen that ensures all costs associated with the use of the Charging Station are recovered by the Town, any fees charged over the base electric cost shall be deposited in the Parking Lot Fund. D. Parking meter and enforcement regulations as stated in §192 of the Town's Traffic Rules and Orders shall apply to all EV Charger Station parking meters. E. EV Charging Station parking spaces shall be reserved for electric vehicles, any non-electric vehicle may be subj ect to a fine of$100. Amend current Section 192-40 to be renumbered as Section 192-41. 7. Water/Sewer Abatement Appeal - 37 Turning Mill Road Yacov Levy, on behalf of Jeffrey and Maya Bober,presented a final appeal to the Board of Selectmen for a Water/Sewer Abatement for the property at 37 Turning Mill Road. The proponent has already been before the Water and Sewer Abatement Board(WSAB) and is looking to appeal their decision for a partial abatement. This is the final appeal in this matter and the Board of Selectmen may either deny(based upon the guidelines that have been followed by the WSAB) or grant a partial or complete abatement. The recommendation from Town staff (Director of Public Works, WSAB, and Town Manager) is to deny the appeal based on the water being used by the homeowner, costs associated to the Town, and the fact that the WSAB granted a partial abatement based off of the guidelines for granting abatements. Upon a motion duly made and seconded the Board of Selectmen voted 5-0 to deny the appeal of Mr. &Mrs. Bober related to the Water/Sewer bill at 37 Turning Mill Road. S. Discuss Police Station Debt Exclusion Mr. Malloy presented the process, timing, and involvement of the Board of Selectmen (and/or whether a committee is formed) in getting information out to the public and voters for the debt exclusion. In past years, the Town of Lexington has typically had the debt exclusion after the Town Meeting vote approving the debt authorization. At this time, there is not a request to set a date, but it would be helpful if the Board would consider potential dates for the debt exclusion to coordinate with the Town Clerk for their own preparation. The Board would also need to consider the promotion of the overall project. Mr. Lucente expressed that early June, after Annual Town Meeting, would be an appropriate time to present the debt exclusion. Ms. Barry suggested holding a Special Town Meeting within the beginning of the Annual Town Meeting in the spring, specifically for the police station. She is concerned about holding a Special Town Meeting in June because Annual Town Meeting could run past April vacation. Mr. Pato inquired about the debt exclusion being included on the warrant and have it passed in order for the Board to be able to speak to a Special Town Meeting and provide enough information to the public. Ms. Hai inquired about the fund being expended in FY2021 if approved at a Special Town Meeting at the end of March of 2020. Mr. Malloy stated that he would follow up with Town Counsel on how to navigate the process. Ms. Barry expressed concern in regards to the lack of information provided on the actual police station project. She would requested more detailed drawings and information in order to garner support from the community. David Kanter, Vice-Chair of the Capital Expenditures Committee, expressed the expectation that the vote at Annual Town Meeting would be a contingent vote. He endorses the idea of a Special Town Meeting at the beginning of Annual Town Meeting to call it to order and then absolve the matter. He is requesting a final design and cost estimate of the new police station on behalf of his committee in order to write the final report for Annual Town Meeting. The Board briefly discussed and agreed upon making the vote contingent based upon the comments made by Mr. Kanter. 9. Review Selectmen Fees Survey&Recommendations for New Fees Mr. Malloy and Katharine Labrecque, Management Fellow, presented a fee survey analysis regarding the fees charged by the Board of Selectmen's Office. The Town Manager's Office is currently reviewing all other fees and will be making recommendations on other potential fee changes in the upcoming months to bring Lexington's fee structure in line with nearby communities (Billerica, Lincoln, Watertown, Waltham, Woburn, Winchester, Burlington, Belmont,Natick,Needham, Andover and Westford). The fees charged by the Town have not seen an increase in years. The analysis used the mean, median, low and high numbers for each fee charged by the aforementioned municipalities and compares it to the current Lexington fee structure. The analysis provides a recommendation for updating the fees, as well as a comparison between the current fees and proposed fees and the estimated increase in revenues generated by the department of$36,165 (39.9%). Ms. Labrecque stated that while gathering the data for the comparison with other municipalities, she noted that the Town of Lexington's fees were significantly lower. The data also included the number of licenses issued in FY2019 to get a clearer picture of how many are processed in a year. Mr. Lucente expressed shock and concern over the fee increase for the Club Liquor License. He would also like to see a time range for when the next increase will take place. Mr. Malloy suggested conducting a complete fee analysis every five years to discuss potential increases, since some fees have statutory limitations. Ms. Barry expressed shock and concern over the fee increase for the Club Liquor License. She was also perplexed about the proposed$10 fee for Garage/Yard Sales because she feels as though it would become cumbersome for the office staff. She also feels as though the Common Victualler License fee was a large jump. She inquired how the process would move forward whether it was from the Board's vote or a vote at Town Meeting. Mr. Sandeen suggested that the administration cost for processing the fees be evaluated. Ms. Hai stated that she was surprised at the inconsistency of how the fees were increased because the data seemed scattered. She is unclear as to how the increases will be explained to the community. She is not comfortable with the whole list,but likes the concept of it. Mr. Pato stated that he does not want to pose an onerous change to the fees, but does feel that the fees should be modernized. He would like to make things easier for people to do business in Lexington. David Kanter, Precinct 7 Town Meeting Member, inquired if there were any precedent in the courts with regard to what can be the basis for a fee. Mr. Malloy stated that there arc statutory limitations for some fees, where the State has simply limited the amount a municipality can charge,but the fee is set by the municipality. The fees for services have to reflect what the cost to the Town is to provide them. The effort of completing surveys and charging what other communities are charging is a defensible was to justify the fee increase. The Board had asked Mr. Malloy to bring this item back to a future meeting agenda in terms of the implementation of the fee increases. 10. Establish 2020 Annual Town Meeting and Annual Town Election Dates Ms. Axtell presented a timeline for when dates needed to be established for the upcoming 2020 Annual Town Meeting and Annual Town Election. The Board of Selectmen is being asked to discuss and establish dates for the 2020 Annual Town Election and 2020 Annual Town Meeting, as well as potential deadlines for submission of draft motions. The suggested date are as follows: • Thursday, December 19, 2019: Last day for submission of Citizen Petitions for the 2020 Annual Town Meeting Warrant • Wednesday, January 8, 2020: Last day for final motions • Tuesday, March 3, 2020: Annual Town Election • Monday, March 23, 2020: Opening Session of the 2020 Annual Town Meeting Ms. Axtell stated that the Town Manager's Office will be available to assist with drafting motions and article development to help citizens through the process. The Board of Selectmen would have to call Annual Town Meeting tonight in order for the timeline to work. Mr. Pato stated that he would like the deadlines to be considered timelines, since motions can be amended on the floor of Town Meeting. He doesn't feel hard deadlines should be set for citizen articles. Mr. Malloy stated that the Town Manager's Office is offering to work with proponents to get as many details as possible, so that the topics are not pushed right up against Town Meeting and that the Board is actually able to vote on it. He said that there are actually no hard and fast deadlines except for the day that the Board of Selectmen vote to close the warrant, so the reasoning behind setting the timeline is to ensure there are no last-minute surprises. Dawn McKenna,Precinct 6 Town Meeting Member, suggested that the deadlines set have more time in between to make it more realistic for citizens to submit petitions and drafts, while maneuvering around the holiday schedule. She stated that resources should be available on the website for both citizens and boards and committees. David Kanter, Precinct 7 Town Meeting Member, inquired about the completion of the "white book" and the "brown book". Mr. Malloy responded that he does not know the dates of completion for the "white book" and the "brown book",but he will email Mr. Kanter once he has them confirmed. Ms. Axtell stated that there is a step-by-step guide online for how to prepare a citizen article. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to open the 2020 Annual Town Meeting Warrant for submission of Citizen Petitions through Thursday, December 19, 2019 at 4:00 p.m. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to establish Tuesday, March 3, 2020 as the date for the 2020 Annual Town Election. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to establish Monday, March 23, 2020 as the date for the opening session of the 2020 Annual Town Meeting. 11. Discuss the Formation of an Advisory Committee Regarding Hartwell Avenue 25% Design Mr. Malloy presented a proposal that was drafted by Carol Kowalski, Assistant Town Manager for Development, on the potential of assembling an advisory group the 25% design plan for the Hartwell Avenue area. Mr. Malloy stated that the proposal references the Massachusetts Department of Transportation's (MassDOT) recommendations for the formation of an advisory group. The group would not be subject to quorum or open meeting law and there is a suggested membership of five to seven people with representatives from the Board of Selectmen, Planning Board, Conservation Commission, and possible business owners, residents, et cetera. The recommendation would be for the Town Manager to be the appointing authority. The staff leaders on the project would be the Engineering and Planning Departments. The goal of the advisory group would be to collect general public input on a feasible design alternative to inform the Board of Selectmen, at their decision, to endorse a design alternative to MassDOT. The Board of Selectmen will be the body that approves the design alternative to endorse to MassDOT. Mr. Malloy referenced the following from the MassDOT project manual: "The charge of an advisory group should be defined at the outset with an unambiguous definition of the limits of their decision-making authority. Typically, taskforccs are advisory bodies that offer input to the process and suggest recommendations". Mr. Sandeen stated that the suggested membership of five to seven members seems like a low number for a representative group of the stakeholders. He questioned whether or not the MassDOT should be considered as a part of the advisory group. He suggested that other transportation groups should be listed as potential advisors. Ms. Hai stated that she supports the concept of a working group,but she would like to see some work done on the membership. Mr. Pato stated that he views the group as an advisory group and not a design group. Mr. Lucente questioned how long the actual 25% design will go on in Lexington to try to better understand the type of commitment that might be required from the actual stakeholders. He agrees that the Town Manager should be the appointing authority for the advisory group. Mr. Malloy stated that the design process would take three years or possibly less depending on when the actual presentation to the Metropolitan Planning Organization (MPO)takes place. Ms. Barry stated that she feels there should be no more than seven members of the advisory group. She also agrees that the Town Manager should be the appointing authority for this group, but she would like to see the Public Information Officer(PIO)involved at some point. 12. Review Draft FY2019 Board of Selectmen Annual Report Submission The Board reviewed and discussed the draft of the Board of Selectmen's FY2019 Annual Report submission. Mr. Lucente stated that over the years the report varied in terms of length. He feels as though the current report could be trimmed. Ms. Hai expressed that the section known as "Year of Transition" seemed out of order and should be put into chronological order. She also agrees that the length could be shortened. She would like to see the Visitors Center funding from outside sources added to the report. Mr. Pato would like to change the sentence referencing the aim of keeping the residential property tax increase at or below 2.5%because he feels as though this is inaccurate. Ms. Barry stated that she agreed with Ms. Hai's comments regarding the chronology of the "Year of Transition" section. Mr. Sandeen mentioned multiple substantive changes that he would like to see amended in the report. Upon a motion duly made and seconded,the Board of Selectmen voted 5-0 to approve the Board of Selectmen's FY2019 Annual Report submission with edits to Ms. Katzenback. 13. Discuss Next Steps for the Planning Department This agenda item was a follow up discussion for the Board on the last joint meeting with the Planning Board and if the Board of Selectmen are going to be moving forward with any proposals to make changes to the Planning Board. The Board agreed to move the discussion surrounding next steps for the Planning Board to the next meeting given the late hour. CONSENT AGENDA 1. Approve and Sign Proclamation-Employee Recognition Day Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to sign the proclamation for Employee Recognition Day to honor all Town Employees and to recognize those employees with 10, 15, 20, 25 and 30 years of service. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 10:57 p.m. A true record; Attest: Stacey Prizio Department Assistan Selectmen's Meeting December 16, 2019 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, December 16, 2019 in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. SELECTMAN CONCERNS AND LIAISON REPORTS Mr. Lucente reported that he and Mr. Sandeen had attended the Harrington Elementary School Blue Ribbon Award ceremony. He congratulated everyone at the school on their accomplishments. Mr. Sandeen reported that on December 12, 2019,he and Mr. Pato both presented at Lex Rethink Buildings on municipal and personal buildings within Lexington. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Citizens'Academy Graduation Katharine Labrecque, Management Fellow,presented an update on the Lexington Citizens' Academy, which is a nine-week program where participants meet once a week in the evenings to learn about local government and the role each department plays in serving the public. The goal of the program is citizen engagement, which has been a key priority identified by the Board of Selectmen. The program is designed to connect residents with the Board of Selectmen and Town staff and to encourage participation on Town committees and boards, as well as Town Meeting. The program is now in its eleventh year. Tony Messina, 9 Jackson Court and Citizens' Academy participant, stated that it was a pleasure to participate in the program. He felt that it was highly organized and informative. Vijay Gadepally, 17 Bowman Street and Citizens' Academy participant, stated that it was a pleasure to participate in the program. He was impressed with the professionalism of the staff and the teamwork within the Town. Jennifer Zacharis, 26 Rindge Avenue and Citizens' Academy participant, stated that it was a pleasure to participate in the program. She expressed that the program was a great way to learn about, and grow community within, the Town. The Board thanked and congratulated the participants and stated that they are all looking forward to them being involved in boards and committees within the Town. Ms. Labrecque stated that the 2019 Citizens' Academy program had 32 participants and the following participants were celebrating their graduation from the program at the Board of Selectmen meeting: Paul Allen, Amy Armitage, Agnes Capiau, Bob Caravana, Jennifer Caruso, Ben Cole, Crystal Dolcimascolo, Kristen Felton, Jodi Finnegan, Vijay Gadepally, Patty Grasso, Daniel Gruskin, Brian Hammond, Coralie Hottot,Nilofar Jhalodwala, Priya Krishnan, Tony Messina,Nancy Olt, Valerie Overton, Stephen Perkins, Ann Puri, Mohit Puri, Emily Sayre,Nathan Shnidman,Paula Stoler, Abirami Thesayi, Mine Usluel, Martha Valencia, Preeti Walheker, April Wang, Lanlan Xiao, and Jennifer Zacharis 2. Update on the Westview Building Design Mike Cronin, Director of Public Facilities; Dave Pinsonneault, Director of Public Works; Justin Humphreys, AIA, LEED, AP, Principal with TBA Architects; and Amy Jamison, Architectural Designer with TBA Architects, presented an update on the Westview Cemetery Building design. Mr. Cronin stated that there are two directions in which to build the Westview Cemetery Building. The first approach would be to construct the building for the possible addition of a crematory in the future (crematory-ready). The second approach would be to forego the crematory and construct the building without it(and benefit from cost savings). Mr. Humphreys stated that the configuration of the building would be similar for either scenario. The building would be divided into two service areas: one for public service and one for equipment maintenance and storage. There would be a controlled passage between the public service area and the back maintenance area. The building will be all-electric, solar ready, and on its on septic system. He stated that the differences between the crematory-ready building and no crematory building are as follows: the public service area for the crematory- ready building has a larger waiting room and/or committal room, an additional restroom and an additional work station were prepared for the crematory-ready building, and the mechanical equipment would be installed on the ground behind a fence in the no crematory building, as opposed to the roof. There is a difference of 260 square feet between the two design plans and a total cost difference of$150,000. Mr. Cronin stated that the architects are now looking for direction as to the next level of design and cost estimates based off of the decision on the potential crematory. Mr. Pato stated that the cost difference between the two designs is so small that it suggests to him that the Town should proceed with the crematory-ready building. Mr. Lucente stated that the Town should proceed with the crematory-ready building to prepare for the future and to support the public service aspect of the design. Ms. Barry stated that she supports the crematory-ready design,but would like to see the project come in under $3 million and inquired if there was something that could be done to tighten up the floor plan. Mr. Sandeen stated that he is in support of the crematory-ready design. Ms. Hai stated that she is in support of the crematory-ready design, specifically the public service side, as it will contribute to future growth and employment for the Town. David Kanter, Vice-Chair of the Capital Expenditures Committee, stated for the record that there is already a$300,000 growth due to the delay that has happened and requests that the Board keep this information, as well as the costs per location of the mechanical equipment, in mind when going into Annual Town Meeting. John Flynn, 1 Hunt Road, expressed concern over the use of the term"crematory-ready". Ms. Barry agreed that the Town needs to come up with better terminology for the"crematory- ready" design. 3. Memorial Bench Donation on Minuteman Bikeway Dave Pinsonneault, Director of Public Works,presented a memorial bench donation for the Minuteman Bikeway. An Arlington cyclist died in a collision on the Minuteman Bikeway last year and the victim's family has requested a memorial bench on the bikeway in their honor. Mr. Pinsonneault has consulted with the Lexington Bicycle Advisory Committee on the location of the bench. A formal approval from the Board would be needed in order to accept the donation and the location of the bench. Mr. Pinsonneault stated that there is a long, flat area near Four Seasons that would make a great location for the bench. The victim's family is proposing to fund a granite bench with little to no maintenance from the Town staff. Ms. Barry inquired if there were a bikeway bench policy. She feels as though there should be a policy in place with regards to benches on the bikeway. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the donation of a bench to be placed along the Minuteman Bikeway at a location agreeable to the Department of Public Works. 4. Solar Request For Proposal Contract Award Shawn Newell, Assistant Director of Public Facilities; Kevin Batt, Town Counsel; and Jessica Wall, Associate at Anderson& Kreiger LLP,presented an update on the Solar Request For Proposal project. The solar battery storage canopies and rooftop arrays project still requires approval from the Conservation Commission, the School Committee (on an upcoming agenda), and final approval by Town Counsel. The execution of the contract by the Town Manager is subject to the aforementioned approvals and any other outstanding permits. Mr. Newell reviewed the figures and statistics from the project and reported that the Phase 111 Solar Storage has an anticipated substantial completion once approved by the Board. The annual savings to the Town would be $371,200 with a 20-year total value of$5,608,976 across the seven sites. All Town and Eversource approvals have been received with the exception of the Conservation Commission and the School Committee. The Planning Board has granted an approval with exceptions. The construction designs are 100% completed at this time and the anticipated arrival of equipment at the sites would be sometime in May or June. Most of the work will be completed in the summer of 2020,but anything past August will also be completed on the weekends. The focus would be on the carports in June. The commercial operation date would be October of 2020. Any delays in approvals in late December or early January would impact the construction timeline. Ms. Barry requested clarification of the open issues mentioned in Mr. Batt's memo regarding battery storage. Mr. Batt stated that the issues surrounding battery storage involve the timing of the acquisition and the delivery of the batteries, which may include delays. The goal is to ensure that the batteries deliver the storage that it intends to for the Town, as there are risks and consequences involved if they are not fully operational. The Standards of Operation need to be worked out in order for the Town to see the tax benefits. The demand charges would still need to be worked out in the Operation &Maintenance Agreement(O &M) and the Power Purchase Agreement (PPA). Currently, there is no O &M drafted. Mr. Newell stated that they have been working with Ameresco on an O & M and are confident that they will have a plan that works for both the Town and Ameresco. Mr. Sandeen speculated that Lexington may be the first town in the State to have a Net Zero school. He is encouraged that the project is currently in Phase III. Ms. Hai expressed concern that the Conservation Commission and the School Committee have not yet taken their votes on this project. David Kanter, Vice-Chair of the Capital Expenditures Committee, inquired about the likelihood of contingency or variability in the bottom line when the totals are reviewed for development of electricity, feedback, et cetera given the amount of geotechnical work pending completion. Mr. Newell stated that the geotechnical work would be the responsibility of Ameresco and would not cost the Town any money. Jackson Dowdy, Ameresco representative, stated that the geotechnical work is intended for Ameresco's warranties. There is no risk in the price changing drastically. Dawn McKenna, Chair of the Tourism Committee, inquired if it has been documented that the Visitors Center will be credited the savings received from this project. Mr. Newell stated that the only building that would be receiving a credit is the new Lexington Children's Place, and given that the building is a school, the credits received would most likely go to a school building,but he is not the one to make that decision. Mr. Malloy stated that when the project is completed, the Town can amend the Schedule Z and where the credits are applied would be reviewed at that time. Lin Jensen, 133 Reed Street, inquired if there were pictures of the solar panels available online, as well as a breakdown of the savings to the Town. Judy Crocker, Safe Routes to School Coordinator, inquired if there would be any change in the circulation patterns at the schools with the installation of the solar canopies. Mr. Newell stated that there would be no changes in the circulation patterns at any of the seven sites. Sebastian Fairbairn, 11 Utica Street and student at the Jonas Clarke Middle School, inquired how the canopies would affect the growing wildlife in between the parking spaces. Mr. Newell expressed that he has no concerns, as the grass at all of the sites will be monitored. Mr. Kanter requested that the language be amended in the motion by adding an "or"because it will bind or preclude the Town. The motion was amended to include the following statement: "...or authorizing the Town Manager as the sole signatory on those agreements...". Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town Manager to execute the agreements between Ameresco, LLC and the Town of Lexington related to the Solar RFP issued by the Town, subject to the final approval by the School Committee authorizing the School Superintendent to sign the agreements or authorizing the Town Manager as the sole signatory on those agreements; the Conservation Commission providing approval of the projects; for the Town Counsel's sign off on the legal form of the agreements; and any other permits required being obtained. 5. Approval of Schematic Design of Police Station Mike Cronin, Director of Public Facilities; Jeffery McElravy, AIA,Principal, Public Safety at Tecton Architects; and Mark Corr, Lexington Chief of Police,presented an update on the Lexington Police Station schematic design project. Tecton Architects and the Department of Public Facilities are seeking the Board's approval of the schematic design in order to keep the project moving forward. Mr. McElravy stated that the current status of the schematic design for the police station and the pending location have pushed the original construction schedule out from February of 2020 to February of 2021. The original budget was set in 2017 for a 2020 start date of construction, and with the current setback, the numbers have been updated to reflect the timeline delay. The new square footage for the design proposal on Massachusetts Avenue is now 34,791 square feet. Parking has increased by six spaces and the front door remains the same. An existing facade will remain intact in the front of the building,but the remainder of the building will come down. There is a possibility for achieving Net Zero at this building, but the roof will not support the number of solar panels needed to accomplish that and would need to be assessed. The project meets a LEED Silver rating, but is on track to attain LEED Gold certification. The current cost estimate of the entire project is $28,757,151, which has increased by$3.1 million from the original estimate in 2017. Mr. McElravy requested the following information from the Board: whether or not to pursue LEED certifiable versus LEED certified, consideration for Value Engineering (VE), and whether or not to proceed into design development. Mr. Sandeen stated that he is pleased with the high energy envelope and air filtration incorporated into the design. He expressed concern over the dramatic cost increase of the project. He stated that he has no preference in regards to LEED certifiable versus LEED certified for the building. Ms. Hai stated that in reference to the locker rooms, the women's locker room does not have a space for wet gear, but there is a space in the men's locker room. She also expressed that she was pleased with the concept of one nonbinary facility being incorporated into the design. She expressed concern over the dramatic cost increase of the project. Mr. Pato expressed concern over the dramatic cost increase of the project, the cost regarding the preservation of the historic fagade, the maintenance and redesign of the handicap accessibility ramps, and the inclusion of the Hosmer House. He supports the LEED certification at a reasonable cost. Mr. Lucente stated that the LEED certifiable suffices and does not feel there is a need to be certified. He expressed concern over the dramatic cost increase of the project. He supports VE consideration for this project and the use of the Integrated Design Policy. He inquired about the temporary stormwater treatment area. Mr. McElravy stated that in order to meet the LEED requirements, they need to manage stormwater quality on the site. Mr. Lucente expressed concern over the east elevation and feels as though it does not belong with the municipal campus. Ms. Barry expressed concern over the dramatic cost increase of the project. She feels that the project seems like it is in the "fast lane" and would not be ready for Annual Town Meeting. She stated that she would like an updated cost for the temporary space. She presented the option of building the police station elsewhere to the Board in order to potentially save money. She expressed concern about the timeline for this project and the potential of bringing this information forward as a Board for a debt exclusion. She does not support spending money for the LEED certification. Mr. Sandeen expressed that he is uncertain that Value Engineering will achieve the cost savings that the Town is looking for. He is open to relocating the police station to another site for cost savings. Ms. Hai stated that if there were any future plans to use the building of the existing police station, some work would have to be done regardless in order for it to be fully operational. She expressed that she is not interested in furthering the conversation in regards to relocating the police station. Mr. Pato stated that the Town is not ready to clearly articulate the cost of the project to the residents and cause financial pressure on the community. He expressed that he does not feel this project is ready for Annual Town Meeting. Mr. Lucente expressed that the Town has already spent a lot of time and money on redesigning the police station at its current location on Massachusetts Avenue and does not feel as though it needs to move. He stated that something needs to be done, but is unclear on how to sell this project to the community. Ms. Barry inquired about what the Board's decision would mean if they voted yes or no to proceed with design development. Mr. McElravy stated if the Board were in support of design development, the architectural design team would begin the work on Value Engineering. The design development would be put on hold until the Value Engineering and new cost savings were developed further. Chief Corr expressed that the redesign process has been frustrating with a lot of delays. He stated that the police programming has not impacted the cost increases and the dramatic cost increase was due to the sustainability factor that has been included over the past three years. He inquired if deadlines could be set to make decisions on the process in an effort to move forward. Ms. Hai expressed that having the police presence remain in the center of town is important. Mr. Pato stated that his preference is not to reduce the police programming and he would like to see the police station relocated to another part of town. Mr. Lucente stated that he is still comfortable with the police station remaining in the center of town. Ms. Barry stated that the Board has a fiduciary responsibility to the community and she is open to the police station being in either the current location or other in town. Mr. Sandeen echoed the sentiments of Ms. Barry. He expressed that there would be a value in researching cost savings of the police station in another location. David Kanter, Vice-Chair of the Capital Expenditures Committee,requested some clarification in regards to the parking areas, as well as funding for the facade. He expressed that the location in crucial. Todd Rhodes, Sustainable Lexington Committee, stated that the committee supports the design and the programmatic needs of the Lexington Police Department. He stated that the escalation costs will continue to increase as the project delays. He stated that the committee supports performance over a certificate in regards to the LEED. George Burnell,Precinct 7 Town Meeting Member, expressed that the increase cost delay would be offset by the inflation of income next year. He stated that the cost percentage for the resources would be the same each year, so he would like the Town to take their time to make sure that the project is done right. Jon Himmel, Chair of the Permanent Building Committee (PBC), stated that in regards to the high-performance policy, the performance of the building superseded the LEED Silver rating. He suggested that the building be made LEED certifiable. He urges that the project go through a validation process. Dawn McKenna, Precinct 6 Town Meeting Member, expressed that the project is important because the community values public safety and the police station is the first building people see when entering the Town. She expressed disappointment in regards to the facade of the building and how it would be maintained if the project remains on Massachusetts Avenue. Bob Pressman, 22 Locust Avenue, stated that the monthly construction costs will cat anything that the Town would hope to gain from Value Engineering. He expressed that by amending the design, the cost of the project would increase. Mr. Lucente stated that the topic of the schematic design for the Police Station will be brought back to the next Board of Selectmen meeting on January 6, 2020. Mr. Malloy stated if the direction of the Board were to move forward with the project, and to give the Town Manager the direction, that the increase in cost be built into the tax revenue allocation model, so that he could make sure that there is not an additional cost to the taxpayers. The Board of Selectmen exited for a brief recess and returned at 10:00 p.m. calling the meeting back to order. 6. Proposal for New Noise Bylaw- Construction Noise Dan Koretz, Noise Advisory Committee,presented the committee's proposal to amend the Lexington Noise Bylaw to further restrict hours and days for construction projects to better protect residents from noise pollution. Mr. Koretz stated that the current bylaw does not state much in terms of restrictions and is extremely lenient for the construction noise aspect. The proposal to amend the bylaw would include the following recommended restrictions: reduction of contractor hours on weekdays from 13 hours to 10 hours from 10:00 a.m, to 5:00 p.m.,reduction of allowable hours on Saturdays starting at 9:00 a.m.,prohibiting hours on Sundays, longer hours for residents on weekdays until 9:00 p.m.,the allowance of residences to perform work on Sundays, and the addition of a provision for jackhammers on weekdays to eight hours. Mr. Pato referenced the citizen article for Annual Town Meeting relating to the noise bylaw having been withdrawn due to the overlap of the times. The petitioner did not want to interfere with recommendations from the committee. The citizen article will require a noise reduction plan issuance and require sound barriers around the construction perimeter if the noise would exceed five days. Ms. Barry stated that outreach to the community would be important and suggested at least one public hearing take place sometime soon. Vicki Blier, Precinct 9 Town Meeting Member, inquired about the enforcement of the bylaw restrictions. Mr. Koretz stated that there is already an enforcement provision in the bylaw and that section was not amended by the committee for this proposal. Mr. Pato requested that the bylaw be made broad enough to set fines, since the article is being brought forth by the Board of Selectmen to Annual Town Meeting. David Kanter, Precinct 7 Town Meeting Member, expressed concern that extending the resident hours would be a nuisance and suggested that it be made clear that residents cannot operate heavy equipment. The Board was unanimous in support of the Noise Advisory Committee proposal pertaining to construction noise pollution. 7. Safe Routes to School Update Judy Crocker, Safe Routes to School Coordinator,presented an update to the Board on the Safe Routes to School program. The program is a federally funded initiative and is run through the Massachusetts Department of Transportation. The focus of the program is exercise, safety, and fostering a sense of community through bussing, walking and biking to school. The public health initiative focuses on the following aspects: Evaluation, Education, Encouragement, Enforcement, Engineering, and Equity. Ms. Crocker stated that in terms of bus ridership, one bus is equivalent to 36 cars in terms of output. In 2012, the Town of Lexington had 18 buses and now there are 36 buses. The goal is to remove more cars from the road. The bus usage has increased to 8 1% since 2012 and it is the safest way to get to school. Ms. Crocker stated that the group is looking for guidance from the Board on how to move forward by finding a"home"for the Safe Routes to School program. The next steps for the program would include: the incorporation of pedestrian safety into the health and wellness curriculum, working on the traffic mitigation and safety policy at all schools, to serve as an institutional source of knowledge for the Town, and a proposal for an amendment to the complete streets/wellness policy. The Board commended the group on their outstanding work and look forward to assisting the group in finding a"home" within the Lexington committee structure. 8. Presentation- 75th Anniversary of End of WWII Event George Gamota, Chair of the citizen's Ad Hoc Committee for Celebrating the 751h Anniversary of World War 11,presented the proposed events for the commemoration of the 75`h Anniversary of the end of World War II. The events are set for May of 2020 and will focus on the role of individuals from the Town of Lexington. Mr. Gamota stated that it has been difficult to identify those who have served from Lexington in World War 11. There are currently 59 fallen soldiers noted from the Town. The committee is requesting a plaque dedicated to the"Fallen 59"to be on display at Cary Memorial Building. The dedication of the plaque would take place on Memorial Day of 2020 on the 75th Anniversary. The committee is seeking permission from the Board for the plaque and the dedication ceremony. The committee would raise funds and seek grant applications for the cost of the plaque. Mr. Gamota stated that the committee is also seeking support from the Board to put up banners in May, September, and November of 2020. Ms. Barry stated that there is currently a Banner Policy in place and the committee would have to get in touch with the Town Manager. She stated that the Monuments and Memorials Committee should be included in the creation of the plaque. Dawn McKenna, Chair of the Tourism Committee, stated that there is an existing plaque that was approved, but based on its history, it was not appropriate. Also, the Economic Development staff will be working to help with the publicity of the events to help draw people to the Town. Ms. Barry stated that she wanted to clarify to the audience that this group was not a Town committee. The Board was in support of the creation and location of the plaque with the review by the Monuments and Memorials Committee. The Board recommended seeking approval and support for the banners from the Town Manager's Office. 9. Award Bid for Munroe Building Lease Mr. Malloy presented the Request for Proposal (RFP)that was advertised by the Town, for a long-term lease on the Munroe Building. The Munroe Center for the Arts was the sole bidder for the lease. The RFP had a formal rating system for rating the bids and the Munroe Center for the Arts complied with all of the bid requirements. The Munroe Center's bid was rated as a 2.6 on a 0-3 scale which brings it between "Advantageous" and"Highly Advantageous". The price proposal is $2,000 per month. Ms. Barry suggested amending the motion for this item to be more specific to the Munroe Building. George Burnell,Precinct 7 Town Meeting Member, inquired about the dollar amount the Town would receive from the Munroe Center for the Arts for their occupancy of the building. He expressed concern in regards to the amount of rent charged being able to cover the maintenance of the building. Mr. Malloy reiterated the price of$2,000 per month. He stated that part of the maintenance will be financed by the Town and other large donors. Cristina Burwell, Executive Director of the Munroe Center for the Arts, stated that the Center has contributed to the maintenance of the building by having replaced the roof,having resurfaced the parking lot, and having added attic insulation for heating purposes. The motion was amended to include the specification of the Munroe Building. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to award the bid for the Munroe Building lease to the Munroe Center for the Arts as per the bid and authorize the Town Manager to finalize and execute the lease agreement. 10. Tax Bill Insert Mr. Malloy presented the recommendation of the Property Tax Abatement&Exemption Committee for a tax bill insert regarding the Town's Property Tax Deferral Program to be included with the third quarter tax bill. Ms. Hai stated that she did not like the phrase "Attention Seniors" on the insert. She did not feel like it needed to be included. Ms. Barry expressed that the insert was too wordy and lacked graphics. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the tax bill insert regarding the Tax Deferral Program to be included in the third quarter property tax bill mailing. 11. Discuss Formation of Committee for 250th Anniversary of Battle of Lexington Suzie Barry presented a draft of a committee charge for the formation of a 250th Anniversary Committee for the Battle of Lexington. The anticipated celebration for the anniversary events would take place in 2025. Ms. Barry stated that a"quad-town" committee had been formed between Concord, Lincoln, Bedford, and Lexington with the Minute Man National Historical Park. The first meeting of the committee had been postponed due to a snowstorm. She has taken it upon herself to draft a committee charge. Ms. Hai inquired if any of the groups listed in the charge were contacted in regards to inclusivity. Ms. Barry stated that the stakeholders list would need to be reviewed due to Easter falling on the same weekend as Patriots' Day in 2025 and impacting the events. Mr. Lucente stated that he wanted to further review some of the groups listed on the charge. He suggested that the Bicentennial Corporation charge be referenced to assist in the charge for the 250t"Anniversary. Dawn McKenna, Chair of the Tourism Committee, stated that one of the goals of the committee was to support the Board in organizing this particular celebration. She pointed out that the tour guide books and magazines plan three to four years out, so it is important to start the process now. Mr. Lucente stated that he would like to assist Ms. Barry with editing the charge and present it at the next Board of Selectmen meeting on Monday, January 6, 2020. 12. Update on Community Preservation Committee Annual Town Meeting 2020 Mr. Pato presented a brief update on the Community Preservation Committee's (CPC) FY2021 Community Preservation Act(CPA)projects. The CPC has reviewed a collection of 17 proposals for allocation of funds at Annual Town Meeting. The committee has voted to support 14 of the 17 proposals. The remaining three proposals were deferred for consideration pending additional information. The projects have been identified as follows: OPEN SPACE • Daisy Wilson Meadow Preservation HISTORIC RESOURCES • Battle Green Master Plan-Phase 3 • Archives &Records Management/Records Conservation&Preservation • Restoration of Margaret Lady of Lexington Painting RECREATION • Athletic Facility Lighting • Park&Playground Improvements Sutherland • Park Improvements- Athletic Fields • Park Improvements- Hard Court Resurfacing Valley Tennis Courts • Parker Meadow Accessible Trail Construction • Wright Farm Site Access Planning and Design COMMUNITY HOUSING • Greeley Village Community Center Preservation Project • 116 Vine Street Design Funds ADMINISTRATIVE BUDGET • Administrative Budget CPA DEBT SERVICE • Projected Debt Service Deferred waiting for more information • Conservation Land Acquisition (Open Space and Community Housing) • Athletic Fields Feasibility Study(Recreation) • Farmview Supplemental#2 (Community Housing) Mr. Pato stated that the only item that the Board has not seen came from Greeley Village, from the Lexington Housing Authority, for the preservation of their community center outdoor space. Mr. Pato stated that the Board will hear more details about CPA funding regarding the Farmview Supplemental #2 item at the next Board of Selectmen meeting on January 6, 2020. 13. Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee Update Ms. Hai presented an update to the Board on the Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee. Ms. Hai stated that the committee has not met since her last report, as they are in the final stage of putting together a Request for Proposal (RFP) for a consultant to assist with the actual drafting of any zoning. The consultant would assist in addressing any issues that were raised in the hearings or the report that was given at Special Town Meeting. The RFP would be drafted by Town staff and not the committee. Ms. Barry inquired if the committee would be ready for Annual Town Meeting. Ms. Hai stated that the committee would not be ready for Annual Town Meeting because there would not be enough time to get the RFP out and to hold public hearings. 14. Selectmen Committee Appointment and Reappointments Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Betty Gan to the Lexington Bicycle Advisory Committee as a member for a term set to expire on September 30, 2021. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Robin Lovett as a full member on the Historic Districts Commission representing the Cary Memorial Library for a term set to expire on December 31, 2024. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Susan Bennett as an associate member on the Historic Districts Commission for a term set to expire on December 31, 2024. 15. Application: Common Victualler License - CHFP The Hangar, LLC d/b/a Craft Food Hall Project, 3 Maguire Road Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Common Victualler License for Craft Food Hall Project, 3 Maguire Road, for the hours of Monday through Thursday 8:00 a.m. to 10:00 p.m., Friday 8:00 a.m. to 11:00 p.m., and Sunday 11:00 a.m. to 10:00 p.m.pending final approvals from the Building, Health, and Fire Departments. 16. Application: Entertainment License -AB Inn's LLC d/b/a The Inn at Hastings Park, 2027 Massachusetts Avenue Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of the Inn at Hastings Park for an Entertaimnent License for live music on New Year's Eve until 1:00 a.m. on January 1, 2020. 17. Application: Entertainment License - Starbucks Corporation d/b/a Starbucks Coffee #866, 1729 Massachusetts Avenue Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve an Entertainment License for Starbucks Corporation d/b/a Starbucks Coffee #866, 1729 Massachusetts Avenue, for the purpose of providing pre-recorded background music within the restaurant. 18. Annual License Renewals Mr. Lucente stated the following establishments have confirmed that they will not be renewing their Liquor Licenses: Bulpan Grill & Lounge; Tio Juan's Margaritas Mexican Restaurant—and Apex Wine and Spirits. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the license renewals, as follows: Liquor License—All Alcohol Common Vicutaller Beijing Cuisine Bruegger's Bagels Bertucci's Dunkin Donuts (317 Woburn Street) Craft Food Hall Project Lexington House of Pizza Lemon Grass Panera Bread Royal India Bistro Pine Meadows Golf Club Ride Studio & Cafe Liquor License—All Alcohol Pending Completion of Documents Spice Box II Casale - Inspection Starbucks (60 Bedford Street) Ixtapa Cantina-Inspection The Upper Crust Waxy O'Connor's - Inpection Waxy O'Connor's Liquor License All Alcohol Inn Holder Coin Inn at Hastings Park Waxy O'Connor's - 2 Pool Tables Waxy O'Connor's - Juke Box Liquor License—Wine and Malt Upper Crust Entertainment Liquor License—Package Store Ride Studio Cafe Busa Spice Box Vinebrook Bottle Starbucks (60 Bedford Street) Upper Crust Liquor License—Club All Alcohol Waxy O'Connor's VFW CONSENT AGENDA 1. Water& Sewer Commitments Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Water and Sewer Commitment Section 3 in the amount of$4,745,018.58. 2. Water& Sewer Adjustment Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Water and Sewer Adjustment as approved by the Water Sewer Abatement Board(WSAB) on January 24, 2019 in the amount of$3,134.70. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 11:39 p.m. A true record; Attest: Stacey Prizio Department Assistant Selectmen's Meeting Monday, January 6, 2020 MINUTES A meeting of the Lexington Board of Selectmen was called to order at 7:00 PM. on Monday, January 6, 2020 in the in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr.Pato; Ms.Barry; and Mr. Sandeen were present,as well as Mr. Malloy,Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. SELECTMAN CONCERNS AND LIAISON REPORTS Mr. Pato announced that voter registration drive is being held on Thursday, January 9, 2020, 1:00 p.m. to 4:30 p.m. and Friday, January 10, 2020 2:30 p.m. to 5:00 p.m. at Rancatore's Ice Cream and Yogurt store located at 1752 Massachusetts Avenue. Ms. Barry congratulated the Estabrook School's fourth grade students on their publication called Lexington, the Massachusetts Edition. Ms. Barry asked to place an item on an upcoming agenda for Board discussion of scheduling considerations for the 2025 Patriots Day weekend events. ITEMS FOR INDIVIDUAL CONSIDERATION 6. 2020 Annual Town Meeting A list of approximately 50 proposed articles, including 28 financial articles, 9 general articles, and 13 zoning articles for Annual Town Meeting 2020 were reviewed. The Board will continue to discuss the 2020 Annual Town Meeting warrant at subsequent meetings and the warrant is anticipated to be voted on at the January 27, 2020. 7.Approve Nursing Services Agreement with Belmont Mr. Malloy said the shared services agreement between the Town of Lexington and the Town of Belmont to provide public health nursing services through a shared Public Health Nurse expired in 2019. Mr. Malloy stated a proposed agreement has been reviewed and approved by the Belmont Board of Selectmen with changes made by Town Counsel with review/input from the Assistant Town Manager for Development and Town Manager. Mr. Malloy highlighted the following substantive changes from the previous agreement: • Changed the signatories from the Boards of Health to now be the Boards of Selectmen. • Added a provision to alter the schedule of the Public Health Nurse and correspondingly the payment allocation. • Removed language which referenced the agreement as being the first intermunicipal agreement for these services between Belmont and Lexington. • The proposed agreement is for five years, and also allows for subsequent renewals for up to 25 years. Provides some additional financial review. • The proposed agreement includes an indemnification agreement for both Towns releasing each other for various work done under the auspices of the other community while the Public Health Nurse is working in that other community. It also provides an indemnity to Belmont for any employment claims arising out of Lexington being the primary employer and any actions Lexington may take related to employment laws. • The last four paragraphs (6-9) are legal language included in an intermunicipal agreement. Wendy Heiger-Bernys, Board of Health, expressed concern that the Board of Health was not given an opportunity to review the updated agreement before it was presented to the Board of Selectmen for approval. John Flynn, Board of Health, stated he felt the proposed nursing services agreement should be presented to the Board of Health for their review and comment prior to the Board of Selectmen vote its approval. The Board of Selectmen concurred to put this item on a future agenda to allow time for the agreement to be presented to the Board of Health for review and comment. 8.Draft Action Items from Selectmen's Goals Mr. Lucente said he, Ms. Barry and Mr. Malloy drafted a preliminary list of action items related to the FY20 and FY21 Selectmen goals to serve as a jumping off point for the Board's development of dynamic list of measurable actions. Mr. Sandeen noted that some of the wording in the draft action items may need to be updated to reflect the changes to the Selectmen goals document discussed at the October 7, 2019 Board meeting. Mr. Pato suggested to reword the objectives to identify the goals which are specific to the Board of Selectmen versus those goals that fall under the responsibility of the Town Manager and Town Staff. The Board agreed to individually provide feedback directly to Mr. Malloy to be incorporated and in a updated list action items. 9.Discuss Committee Charge for Historic Districts Commission- Nominating Bodies Mr. Lucente said the Historic Districts Commission (HDC) is seeking to amend their enabling legislation(Chapter 447 of the Acts of 1956) to change the nomination body from the Lexington Arts and Crafts Society, Inc. to the Lexington Chamber of Commerce. He explained that as such an update would need to go to Town Meeting, the only action at this time would be to get Board consensus to move forward to Town Meeting. Mr. Sandeen asked why the HDC would like to change the nominating body. Mr.Pato explained that historically the Lexington Arts and Crafts Society(LACS) felt it difficult to fulfill their obligation as nominating body and had requested to be released from this responsibility. Mr. Pato added that he recently spoke to the new president of the Lexington Arts and Crafts Society who indicated the LACS is looking to get more involved with the community. Mr. Pato said he felt it would be worth further investigation if LACS still wants to be removed as a nominating body of the HDC. Ms. Barry stated she would follow up with Ms. Eccles, HDC Chair, to get confirmation if LACS still wishes to be relieved from the nominating body duty and if the Chamber of Commerce still has an interest to accept the responsibility. Ms. Dawn McKenna, 9 Hancock Avenue, expressed concern that she doesn't feel an article to amend the HDC legislation to be included at the 2020 Annual Town. She said she feels a change to the nominating bodies is not necessary and LACS should remain assigned as a nominating body of the HDC. 10. Discuss and Approve Formation of Committee for 250th Anniversary of Battle of Lexington Mr. Lucente said that one of the Board's goals this year is to establish a committee to evaluate, make recommendations and coordinate Town wide activities commemorating the 250th Anniversary of the Battle of Lexington (2025). He said the committee will be known as the Semiquincentennial Commission(Lex250). General Board discussion ensued. The Board was in agreement that the chair of this committee should be a voting member; there be 9 members(including the chair)plus 5 liaisons, and to update the deliverables to include the following: investigate potential for permanent memorial and commemorative memorabilia. Mr. Lucente said an updated charge will be put onto the January 13, 2020 meeting for review and approval. 11. Annual License Renewal Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign the license renewal for Chef Louies d/b/a the Hangar located at 113 Hartwell Avenue. CONSENT AGENDA 12.Approve One-Day Liquor Licenses Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve two One- Day Liquor Licenses for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of two events on the following: Lexington Chamber of Commerce Gala, Thursday, January 30, 2020 6:00 p.m. to 10:00 p.m.; and Mo Rocca Lecture, Friday, January 31, 2020 7:30 p.m. to 9:30 p.m. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a One- Day Liquor License for the Cary Memorial Library Foundation to serve beer and wine for the purpose of their Library After Dark Event to be held at Cary Memorial Library, 1874 Massachusetts Avenue, on Saturday, March 28, 2020 ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn the meeting at 8:58 p.m. A true record; Attest: Kim Katzenback Executive Clerk Selectmen's Meeting January 13, 2020 A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Monday, January 13, 2020 in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 6: Purchase, Sale, Lease of Real Estate- Lease for Munroe Center for the Arts Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to go into Executive Session under Exemption 6 to consider a lease related to the Munroe Center for the Arts and to reconvene in Open Session. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon exiting the Executive Session, the Board returned to Open Session at 6:24 p.m. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai stated that the Martin Luther King Day community conversation on race will be taking place on Monday, January 20, 2020 from 8:30 p.m. to 10:30 p.m. at Grace Chapel. She also stated that the school equity audit will be presented at the School Committee meeting on January 21, 2020 and March 25, 2020. Mr. Pato stated that he will be posting an action summary a day or two after the Board of Selectmen meetings. He said that since there is limited local news coverage these days,he is going to post from the meeting packet what was going to be discussed, if the Board took a vote, and what the action was without any opinions listed. The posting will not be the official meeting minutes. r. Lucente stated that he, Ms. Barry, Mr. Sandeen and Mr. Malloy attended the Chinese American Association of Lexington's Lunar New Year celebration on Saturday, January 11, 2020 and it was a great event. Ms. Barry stated that the Monuments and Memorials Committee will be meeting on Wednesday, January 22, 2020 to discuss the proposed World War TT Memorial with the suggested location of Cary Memorial Building. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review Amendments to Guidelines for LexHAB Use of CPA Funding Mr. Lucente stated that the Board is being asked to review changes proposed for the use of Community Preservation Act(CPA) funds by the Lexington Housing Assistance Board (LexHAB). Both the Community Preservation Committee (CPC) and LexHAB have voted to support these changes. Charles Hornig, Vice-Chair of the Community Preservation Committee, presented the updated guidelines (that the CPC and LexHAB have been working on to reflect current practice). The guidelines were previously voted on by the CPC, while LexHAB will be voting on them on Wednesday, January 15, 2020. The approval of the guidelines was requested for the CPC's report at Annual Town Meeting. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the changes to the guidelines for the use of CPA funding by LexHAB, as presented pending the approval by LexHAB. 2. LexHAB Request for Community Preservation Committee Funds and Financial Reserves Mr. Lucente stated that the Lexington Housing Assistance Board(LexHAB)had submitted a request for Community Preservation Act (CPA) funding to complete the Farmview Project, 34 Lowell Street. In July, LexHAB had received authorization to enter into a contract for modular construction on the site. However, the contract terms exceeded the funds appropriated by Town Meeting. Mr. Lucente also stated that the Board of Selectmen will consider the long range financial reserves and operations of LexHAB, as it continues its pursuit of affordable housing opportunities within the Town of Lexington. Bob Burbidge, Chair of Lexington Housing Assistance Board, and Lester Savage, Vice-Chair of the Lexington Housing Assistance Board, stated that given their financial condition is in good shape, LexHAB has decided to withdraw its request for additional funding to finish the Farmview Project. Bob Pressman, Community Preservation Committee (CPC), stated that the funds should be provided to LexHAB and he will proceed to ask the CPC to consider granting funds to LexHAB for this project. Janet Kearns, 72 Lowell Street, expressed that she was glad to hear that LexHAB withdrew its request for additional funding from the Town for this project. Marilyn Fenollosa, Chair of the Community Preservation Committee, inquired if the CPC would need approval from the Board of Selectmen to supply a grant to LexHAB, as mentioned by Mr. Pressman. Mr. Pato referenced the act that had created LexHAB and referenced that the Board of Selectmen would approve any funding going towards it. Mr. Savage stated that LexHAB would still like to receive funding for the Vine Street project and will continue with the application process. Mr. Lucente stated that there is no longer a motion, since the request for funding has been withdrawn. 3. Vote to Transfer Wright Farm Property to LexHAB Mr. Lucente stated that the Board of Selectmen is being asked to transfer the custody and control of the 241 Grove Street, Parcel 2-A property to the Lexington Housing Assistance Board (LexHAB). The property will be divided into two parcels, with one of the parcels being transferred to the care, custody, and control of the Conservation Commission at a future meeting. Ms. Hai expressed concern that the deed does not specify a restriction for affordable housing. Melinda Walker, 14 Larchmont Lane, inquired if the Local Initiative Program (LIP) application was approved for this project, which would include a deed restriction for the property. Bill Kennedy, Lexington Housing Assistance Board, stated that the Department of Housing & Community Development (DHCD) has approved this project,but the deed would be needed in order to file the LIP application. Marilyn Fenollosa, Chair of the Community Preservation Committee, stated that according to Chapter 44B, Section 12,which is the Community Preservation Act(CPA): "...a real property interest that is acquired with monies from the Community Preservation Fund shall be bound by a permanent restriction recorded as a separate instrument that meets the requirements of Section 31 to 33 of Chapter 184, limiting the use of'the interest to the purpose for which it was acquired". Therefore, the Town is required by the statute to file the permanent restriction because the land was purchased with CPA funds. Mr. Malloy stated that he will follow up with the Board in regards to the additional deed restriction document. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the transfer of 241 Grove Street,Parcel 2-A to the Town of Lexington Housing Assistance Board, Inc., as described in the proposed deed. The Board thanked Mr. Kennedy for his years of service on the Lexington Housing Assistance Board, as he has recently stepped down as Chairman. 4. Discuss Proposed New Police Station Mr. Malloy presented an update to the Board on the new police station design. The presentation was a continuation of the discussion from the December 16, 2019 Board of Selectmen meeting. He stated that he would be checking with Anne Eccles, Chair of the Historic Districts Commission, to discuss the following questions: What is the additional cost of maintaining the two fagades of the existing building? Would the Town be able to build a more attractive building that blended better with the Cary Memorial Building and Town Offices, if we were to completely demolish the existing police station? What was the genesis of maintaining the two facades? Are solar canopies in the parking lot completely out of the question or would HDC consider these? Mr. Malloy stated that Mike Cronin, Director of Public Facilities, will be working with Tecton Architects,PC to get a cost estimate to compare an updated cost for 173 Bedford Street to the current cost estimate, as well as the cost of building anew at the 1575 Massachusetts Avenue location. Mr. Malloy stated that he will be working with Carolyn Kosnoff, Assistant Town Manager for Finance,to develop an updated financial model on the debt costs. Mr. Malloy stated that the topic of the new police station design would be targeted for Special Town Meeting in the fall due to the timeline for getting updated cost estimates. Mr. Cronin stated that the two costs associated with the current project are: additional architectural work to revise designs and escalation cost of$100,000 per month for the delay in construction. The new cost estimates and timelines will be available by the end of January. Mr. Lucente stated that the Board needs to provide a clear strategy to Mr. Malloy, Mr. Cronin, and the architect in order to move the project forward. He stated that he would like to see the project move forward as a complete rebuild at its current location on Massachusetts Avenue without the two facade walls in the front. Ms. Barry expressed that she would like to wait for answers to all of the proposed questions from Mr. Malloy until the end of January before malting a decision. Mr. Sandeen stated that he would like to see the project move forward as a complete rebuild at its current location on Massachusetts Avenue without the two facade walls in the front. Ms. Hai expressed concern that the original vote (to rebuild at the current location of 1575 Massachusetts Avenue by the former Board of Selectmen) was being challenged. She does not agree with the additional costs and time being spent redesigning the building for other locations. Mr. Pato expressed that he would like to wait for answers to all of the proposed questions from Mr. Malloy until the end of January before making a decision. Mr. Lucente expressed concern in regards to empty space in the Town center if the police station were to be moved out of its current location. He had also mentioned that there would be renovation costs associated with the building, if left vacant. Mr. Pato expressed that he would like to see an empty building left as-is until a need is found for the space. Dawn McKenna, Precinct 6 Town Meeting Member, expressed concern that the police station project is being delayed due to further discussion on the location. Charles Favazzo, Jr., Permanent Building Committee (PBC), expressed that the current location of the police station on Massachusetts Avenue is the best location. He also expressed that the building at 173 Bedford Street can be sold, where the building at 1575 Massachusetts Avenue could not. He stated that the cost to adhere to the new Integrated Design Policy will increase the cost in order to make the building sustainable. Bridger McGaw,Precinct 6 Town Meeting Member, expressed that communication of values is necessary for the new police station project. He suggested looking for program efficiencies and the comparison of local police programs. Philip Coleman, Permanent Building Committee (PBC), expressed that safety is important and that the Massachusetts Avenue location, in the center of town,provides that need. Ms. Hai expressed that the cost of renovating the building at 1575 Massachusetts Avenue should be included in the cost estimate of the building at 173 Bedford Street. Mr. Pato expressed concern in regards to the design options that will be presented to the Historic Districts Commission. He stated that he would also like to the see the cost estimate to renovate the building at 173 Bedford Street if the police station were to remain at 1575 Massachusetts Avenue. Mr. Malloy stated that he does not want to put a cost estimate on the renovations of either building at this time, since the intended use of each building is not currently known. He expressed that the information would be inaccurate. The Board affirmed its desire to complete the due-diligence investigation of the cost differential between a new police station at the current location and construction at 173 Bedford Street. Furthermore, Town staff will consult with the Historic Districts Commission to see if a more compact station, designed from scratch without preserving any of the existing facade,would be acceptable to the Commission. The Board of Selectmen exited for a brief recess and returned at 8:14 p.m. calling the meeting back to order. 5. Review and Approve 2020 Fee Schedule for Recreation/Community Programs Melissa Battite, Director of Recreation& Community Programs; Christine Dean, Community Center Director; and Peter Coleman, Assistant Director of Recreation,presented the proposed Recreation Fee Schedule for calendar year 2020. The proposed Recreation Fee Schedule was approved by the Recreation Committee in December of 2019. Ms. Battite stated that the fee increases were due to minimum wages that go into hiring part-time and seasonal staff, as well as the market analysis of the competitor comparisons. She stated that some of the fees have not increased in years, despite the costs remaining the same. The proposed new pricing was designed to be more uniform for consistent fee pricing. Ms. Hai expressed concern regarding the aquatics fee increase for seniors only. She questioned the lack of a fee increase from 2019 to 2020 for the non-residents versus the residents using the aquatics facility. She would like to see the topic explored further in the future. Ms. Battite stated that there are not many non-residents who utilize the facilities, so the revenue stream would not be significant from non-residents. Ms. Dean stated that there were no fee increases for the room rental charges at the Lexington Community Center since January of 2017. Ms. Battite stated that for the permit fees, the tier group definitions have not changed, but the cost to use the lights at each field are now all the same. The groups interested in using the fields will be charged differently for grass versus synthetic. There will be a $5.00 per hour fee increase for tiers 3 and 4. The fee increase will not take effect until July. Mr. Sandeen suggested clarifying the"per hour" aspect of the charges because it reads as a one- time fee. Mr. Lucente expressed that he would like to see the lighting fee per hour charge increased for non-residents in the future, as he feels it is a luxury item. Dawn McKenna,Precinct 6 Town Meeting Member, expressed that the price differential for residents versus non-residents should have a higher increase and not wait until next year for it to take effect. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adopt the 2020 Recreation Fee Schedule as proposed. 6. FY2021 Preliminary Budget& Financial Planning Mr. Malloy; Ms. Kosnoff, Assistant Town Manager for Finance; and Jennifer Hewitt, Budget Officer,presented the preliminary FY2021 Operating and Capital Budget recommendations, also known as the "White Book". Mr. Malloy stated that the FY2021 budget is balanced. Revenue sources are projected to total $237.7 million, an $8.4 million change over FY2020. The recommended expenditure totals $237.7 million, an $8.4 million change over FY2020. There has been $16.636 million set aside for designated expenses. Mr. Malloy noted several recommended expenditures that further identified Selectmen goals and priorities, such as: Construction Funds for the Police Station Facility with a recommendation expected in the fall; Pedestrian, Bicycle and Vehicle Safety on Town Roads with a total of $3,839,022; Cemetery Building Construction with a total of$3,290,000; Community Mental Health Programs, which is currently being worked on by Municipal and School Departments; Improving Transportation with a total of$17,910 to increase the hours of the Transportation Manager and$50,000 for transportation pilot programs with the MBTA; Sustainability, in which the budget operationalizes the funding for a full-time Sustainability Director; and Facilities Master Plan with a total of$100,000 for developing a Municipal Facilities Master Plan. Mr. Malloy presented the significant capital projects that would be located under the General Fund, as follows: the Westview Cemetery Building with a total of$3,290,000 for the construction of a new building to house the cemetery offices and equipment; the Police Station Reconstruction with a total of$28,757,151 to reconstruct the police station at its current site, but this project has been recommended for exclusion from Prop 2 % and a debt exclusion referendum is expected in the fall of 2020; and Water/Sewer Enterprise Programs with a total of$2,200,000 for funding water main replacement and $1,401,200 for sewer mains and pump stations. Mr. Malloy presented the Continuing Policy Issues, which center around the following issues: Appropriate into the Capital Stabilization Fund; Appropriate from Capital Stabilization Fund for Within-Levy Debt Service; Appropriate from Capital Stabilization for Excluded Debt Service; Appropriate into Other Post-Employment Benefits (OPEB); Unallocated Revenues for Contingencies; Reduce/Eliminate Use of Free Cash; and Reduce Use of Debt Service for Capital Expenditures. Mr. Malloy concluded with some key upcoming dates in the pre-Annual Town Meeting budget process, which included: Summit III on January 16, 2020; Summit IV, if needed, on February 6, 2020; the approval of final recommended Operating and Capital Budget on February 10, 2020; the distribution of Selectmen's recommended budget to financial committees/Town Meeting members on February 21, 2020; and the earliest date Annual Town Meeting will consider financial articles on March 23, 2020. Mr. Pato expressed many concerns regarding the "White Book". He expressed that he is concerned about the amount of money going into the Capital Stabilization Fund, as he feels the difference of$10,000 is a sharp decrease. He also stated that he would like to see more money in the budget for the Sustainability Director to respond to short-term projects that would benefit the Town. Lastly, he did not feel that the Minuteman High School increase reflected the 24.5% increase in enrollment and is concerned that this will become an issue in the future. He had other minor comments and edits that he intends to send to Mr. Malloy or Ms. Kosnoff separately. Ms. Barry inquired about how the "White Book"will be discussed at future meetings, as she has concerns regarding the budget not being balanced. Ms. Kosnoff stated that there was about a$1.5 million deficit or imbalance in the budget at the last Summit, so the Town agreed to meet the School Department halfway. She stated that regarding the comment made earlier about the decrease in the Capital Stabilization Fund, which was mostly coming from the tax levy, that is essentially how the Town made up that difference. The School Department will present where their half of the deficit will be funded at the next Summit meeting on Thursday. The Board of Selectmen provided preliminary feedback on the FY2021 budget. The proposal will be reviewed with the School Committee, Appropriation Committee, and Capital Expenditures Committee at the next Budget Summit to be held on Thursday, January 16, 2020. The Board Members agreed to submit edits and comments to the Town Manager by Friday, January 17, 2020 to include in a future discussion at the next Board of Selectmen meeting. 7. Recap of Budget Summit IIA The Board of Selectmen discussed areas of concern that were raised at the December 19, 2019 Summit IIA. Mr. Lucente stated that there were three main areas of concern from the Board. The first issue was the disappointment expressed regarding the dollar amount that was going into the Capital Stabilization Fund. The second concern was regarding the request to revisit the Other Post- Employment Benefits (OPEB)policy. And the last topic of concern was in regards to the long term goals, and the ability to meet the community's needs, without having an operating override on the School Department side. Ms. Barry requested that the information from the PowerPoint presentation be available as soon as possible to review prior to the Summit on Thursday night. Mr. Pato stated that he would like to see a more collaborative effort on both the municipal and school side to present information that is consistent in the future because the meeting in December seemed more adversarial. Ms. Hai stated that her questions for the Summit meeting on Thursday involve needing more background information on the OPEB policy and best practices for a possible amendment to the policy. Ms. Kosnoff stated that an OPEB actuarial evaluation will be completed by the end of January. The Board agreed that they will be willing to look at the OPEB policy after the actuarial study is completed at the end of January. The Board also agreed to recap the Summit meeting on Thursday at the next Board of Selectmen meeting on Monday, January 27, 2020. 8. 2020 Annual Town Meeting Presentations: Update on the following Citizen Petition Warrant Articles: • Citizen Article -Declare Climate Emergency Grace Yang and Kaveesh Pathak presented the 2020 Annual Town Meeting Warrant Article 29: Declare Climate Emergency. The purpose of this citizen article is to seek a resolution from the Town of Lexington to endorse the declaration of a climate emergency and to call for a regional collaboration to reverse global warming, as well as to move towards a more sustainable economy. The climate emergency affects communities worldwide and will impact future generations. A draft resolution was provided that was modeled after climate emergency resolutions passed by other communities. Ms. Yang described the need for continued and more extensive action to combat climate change. She suggested a townwide mobilization effort, educating Lexington residents about the crisis, and joining a nationwide call for all levels of government to take action against climate change. Mr. Pato encouraged Ms. Yang and Mr. Pathak to reach out to members of the Town Meeting Members Association(TMMA)to gage their interest in the resolution and to assist in the adoption of it. Mr. Lucente suggested that Ms. Yang and Mr. Pathak provide more information regarding other communities who have declared climate emergencies because it would be beneficial at Annual Town Meeting. Mr. Sandeen suggested that Ms. Yang and Mr. Pathak prepare an answer for a potential question at Annual Town Meeting regarding what might be done differently if a climate emergency is declared. • Citizen Article -Reduce Legal Expenses Richard Neumeier presented the 2020 Annual Town Meeting Warrant Article 24: Reduce Legal Expenses. The purpose of this citizen article is to seek approval to hire in-house counsel for legal services for the Town for FY2021. Mr. Neumeier stated that there are three topics related to Article 24: what the Town is spending, what the Town is spending money on, and the alternatives to the current spending on Town Counsel. He expressed his opinion that the Town spends over$500,000 a year for routine legal services. He referenced information from the Town Report that most legal cases for the Town do not go to trial and that 80% of the services provided are routine. He suggested the alternative of hiring an in-house attorney, or two part-time in-house attorneys, as he feels it would be more cost-effective due to biweekly paychecks at lower rates. Mr. Pato inquired about the Legal Services Request For Proposal (RFP) and if it would reflect the current legal services situation of the Town or if it would differ based on the type of service. Mr. Pato expressed concern at viewing the legal services as a budget line item, but he is open to reviewing the functionality of the legal representative to ensure the Town is receiving the best opportunity. Mr. Malloy stated that the RFP would reflect a similar type of arrangement that the Town currently has, which would be one law firm with both Town Counsel Services and Labor Counsel Services. Mr. Malloy provided information related to the five-year spending on legal services, as well as the last 12 months of detailed legal expenses to the Board for their information. Mr. Lucente stated that he does not necessarily agree with the method in which this topic has been presented, but he feels as though the Town conducting an RFP is a fiscally responsible way to review the large number of legal expenses. Ms. Hai expressed that she feels a single lawyer on staff would not be able to sufficiently meet the needs of the Town without any supporting legal staff. She stated that the end goal would be to obtain competent and capable legal services without overpaying for them. Dawn McKenna, Precinct 6 Town Meeting Member, expressed concern over the amount of control the Town Manager's Office has taken with regards to the Selectmen-Town Manager Act. • Citizen Article -Amend General Bylaws-Noise Control Varda Haimo presented the 2020 Annual Town Meeting Warrant Article 28: Amend General Bylaws- Noise Control. The purpose of this citizen article is to propose revisions to the Noise Bylaw to better protect residents from noise pollution due to residential and other construction projects. This article complements the article brought forward by the Noise Advisory Committee, which addresses times of day/week when heavy equipment can be used. Ms. Haimo expressed concern over the noise and duration of construction projects throughout the Town of Lexington. She specified the amount of ledge removal and the sound of constant pounding of rock. She has experienced the sound of ledge removal in her own neighborhood. Ms. Haimo proposed the requirement of a noise mitigation plan as a condition for obtaining a building permit whenever high noise levels are expected for extended periods of time. She also proposed effective noise barriers be put around the perimeter of a project. Mr. Lucente stated that he would like to see more information as to the type of project that the motion is referring to because it was not specific enough. He also suggested reaching out to the building community as it may impact residents wanting to sell their homes. Ms. Haimo stated that the type of projects listed in the motion were based off of the number of days of rock work. Ms. Barry suggested outreach to the Town Meeting Members Association and local contractors prior to Annual Town Meeting to avoid any surprises. She also suggested an informal presentation to the Planning Board. Mr. Sandeen suggested providing details regarding enforcement or the view from Town staff perspective. Ms. Hai suggested that when speaking to contractors in the field and to the Building Department, to ask for other potential solutions or recommendations to the noise pollution. Mr. Pato inquired of Mr. Malloy if there were any legal challenges to creating this type of bylaw and requiring permits to be conditioned by having an appropriate noise plan. Mr. Malloy stated that the question would be better suited for Town Counsel. Mr. Pato asked Mr. Malloy that Town staff be available to assist in the details of the motion, so that it comes out cleanly for Annual Town Meeting. The Board provided feedback to article proponents and encouraged broad and active public outreach to build consensus prior to Annual Town Meeting. Board Discussion-Review Potential Articles and Draft Warrant The Board of Selectmen and Ms. Axtell reviewed the list of articles for 2020 Annual Town Meeting. Prior to discussion on the draft warrant, Ms. Axtell noted that there are roughly a little over 50 articles and that the article for the police station building design will be removed with the recommendation for Special Town Meeting in the fall. Also, there were two revolving funds (lab animal permits and tobacco inspection)that were combined into Article 9, so that Articles 7 and 8 will be replaced with other articles. This is a first glance at the warrant articles and corrections will be forthcoming. Ms. Barry inquired about the inclusion of the short-term rental impact fee and the mitigation agreement with Brookhaven that would disburse funds received for affordable housing as part of the Memorandum of Understanding (MOU). Mr. Pato stated that he would like to amend the language in Article 6 from"...to adjust the current eligibility limits"to read"...to increase the current eligibility limits". He wants to ensure that there is no amendment in scope to reduce them. He also questioned what Town Meeting action was required for the DPW fees, as the regulations under section three were adopted by the Board of Selectmen and Town Manager. Mr. Lucente asked that the word"historical"be removed from the purchase of land on page 14 because the purchase is not historical. He also asked if the address could be added for this same item for a clearer identifier. He also felt that the description for the Hosmer House relocation was confusing. Ms. Barry asked if, in the description, an indication could be made of what Town property is located at 344 Lowell Street for the land exchange. The Board agreed to submit edits for the draft warrant to Ms. Axtell by Friday, January 17, 2020 in order to sign off at the Board of Selectmen meeting on Monday, January 27, 2020. 9. Discuss Semiquincentennial Commission(Lex250) Charge The Board reviewed the revised draft of the Semiquincentennial Commission(Lex250) charge. Mr. Lucente asked for feedback from the Board in regards to whether or not a member of the Board of Selectmen should be a member of, or a liaison to, Lex250. Ms. Barry expressed that a member of the Board of Selectmen should be a member of the Commission, as she feels it would be helpful in guiding the process and serving as a conduit between the Board and Commission. Ms. Hai stated that she feels it is important to have a member of the Board of Selectmen as a member of the Commission. She expressed concern that the process will extend over a period of years and the member may change as the Board evolves. Mr. Lucente expressed concern over the amount of work that this event will entail and does not want to derail a Board Member from other Town business. Mr. Pato expressed that the Board should have an active interest and involvement in the Commission and feels as though it would be a benefit. Mr. Sandeen expressed concern over the Commission being able to meet quorum. Ms. Hai stated that she would like to see"School Department"be changed to "School Community"under the list of members that make up the Commission because the former sounds like school staff only. She would also like the word"designee"replaced with"representative" so that certain groups are not appointing a person that the Board of Selectmen then has to choose from. The Board agreed to make the following changes to update the charge: change the word "Committee" to "Commission", keep the Board of Selectmen member as a member of the Commission, change the word"designee" in each section to "representative", and change "Lexington School Department"to "Lexington Public School Representative". The Board also agreed to add"updates will be presented to the Board of Selectmen at least quarterly"under deliverables. Dawn McKenna, Chair of the Tourism Committee, stated that on one page of the document, it reads that there will be one representative from each of the following groups, but on another page it reads as two representatives. Mr. Lucente removed the quantities and left"representatives" only. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Semiquincentennial Commission (Lex250) charge as amended. 10. Selectmen Committee Appointment Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Marls Connor to the Tree Committee with a term expiration date of September 30, 2022. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting at 11:10 p.m. A true record; Attest: Stacey Prizio Department Assistant SELECT BOARD MEETING February 3, 2020 A meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday,February 3, 2020 in the Select Board Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Ms. Hai arrived at 7:30 p.m. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Mr. Lucente: • Congratulated the Clark Middle School drama program for their spectacular musical Peter Pan Jr. He said it was the first time any school performance in Lexington featured actual flying. • Mr. Lucente and Mr. Pato attended the Chamber of Commerce dinner on January 30, 2020. Mr. Lucente extended thanks on behalf of the Board to Mr. Jim Shaw for his service as Chamber of Commerce president for the past two years and congrautlations to Ms. Caryl Dlugy on her upcoming presidential term. • The Board is still seeking to fill the Recording Secretary position and is working with Human Resources for recruitment. Ms. Barry: • The Battle Road 250 Group, made up of representatives from Lexington, Concord, Arlington and Bedford met on January 31, 2020 to discuss the respective town's plans for the 2501h celebration of the battles of Concord and Lexington. Mr. B.J. Dunn,National Park Superintendent,presented the U.S. Semiquincentennial Commission report which provides a framework to assist communities coordinating local 250t" celebration plans. TOWN MANAGER REPORT Mr. Malloy said the Lexington Public Health office continues to coordinate with the Massachusetts Department of Public Health regarding information related to the Corona virus. The public health departments emphasized that the risk of the Corona Virus remains low to Massachusetts residents at this time. Updated protocols will be published on the Town Website. Mr. Malloy said as a result of this emerging health issues, some Chinese Americans across the United States, including people here in Lexington, feel that they've experienced discrimination and racism related to this particular virus. Mr. Malloy stated that Lexington is a community that values inclusion and recognizes that no group should be singled out, discriminated against, or held responsible for this health concern. ITEMS FOR INDIVIDUAL CONSIDERATION 12. Right of First Refusal- Belmont Country Club Mr. Malloy said Belmont Country Club, Inc. submitted their Notice of Intent to sell land located off of Concord Avenue. Mr. Malloy said the Town has the right of first refusal and has 120 days to begin action on exercising its rights. Town Counsel, the Planning Board and the Conservation Commission are currently reviewing the Right of First Refusal document regarding the Belmont Country Club property. After their review, the Right of First Refusal document will be brought back to the Board. 13. Amendment to the Inter-Municipal Agreement Between the Towns of Lexington and Bedford Adding the Town of Carlisle to a Veterans' Services District Select Board in March for a vote in order for the Town to exercise its rights. Upon a motion duly made, the Select Board vote 4 -0 to approve the Amendment to the Veterans' Service District between the Towns of Lexington and Bedford adding the Town of Carlisle to the District, as attached, and further authorizing the Town Manager to execute the agreement. 14. Draft Letter of Support for Massachusetts Historical Commission Preservation Award for Cary Memorial Building Mr. Lucente said the Massachusetts Historical Commission (MHC)has a program to annually present Preservation Awards to preservation projects or individuals that have displayed an outstanding commitment to historic preservation in Massachusetts. Nominations for the 2020 award are for projects competed in 2016, 2017, 2018 or 2019. Mills Whitaker Architects submitted a request to the Select Board asking if the Board would supply a letter of support which Mills Whitaker could include in their application to the Massachusetts Historical Commission for a Preservation Award for their work on the Cary Memorial Building. Upon a motion duly made and seconded, the Select Board voted 4-0 to approve signing a letter of support for inclusion in Mills Whitaker LLC's application to the Massachusetts Historical Commission for a Preservation Award for their work on the Cary Memorial Building. 15. Select Board Committee Appointments &Resignation Upon a motion duly made and seconded, the Select Board voted 4-0 to appoint Stephen Cole, Jr. to the Town Celebrations Subcommittee with a term expiration date of June 30, 2020. Upon a motion duly made and seconded, the Select Board voted 4-0 to appoint Innessa Manning to the Lexington Center Committee as a member for a term to expire on September 30, 2020. Upon a motion duly made, the Select Board voted 4-0 to accept the resignation of Robert Tracey as a full member of the Town Celebration Committee and appoint him as an Honorary Member on the Town Celebrations Committee. 16. Update-ATM 2020 Warrant Article 26 - Amend Historic Districts Commission Enabling Legislation Mr. Lucente said this is an update regarding 2020 ATM Article 26—Amend Historic Districts Commission Enabling Legislation to inform the Board that the Lexington Arts & Crafts Society has agreed to relinquish their position as a nominating body to the Historic Districts Commission and the Lexington Chamber of Commerce has agreed to formally accept the responsibility as a nominating body in place of the Lexington Arts &Crafts Society. Ms. Hai joined the meeting at 7:33 p.m. 17. 2020 Annual Town Meeting Discuss Drafting Select Board Written Report The Board agreed to draft a Select Board written report for presentation under article 2 at the 2020 Annual Town Meeting. General Board discussion ensued regarding topics for inclusion in the report. The Board decided the following subjects to be included in the report and Board members volunteered to write respective sections of the report: • Board of Selectmen Goals FY20-FY202 (scribe: Mr. Lucente) • Fiscal Policy(scribe: Mr. Pato) • Article 42 ATM 2018-Special Permit Residential Development(SPRD) Referral to the Board of Selectmen (scribe: Ms. Hai) • Hartwell Avenue Zoning Initiative (scribes: Ms. Hai &Mr. Sandeen) • Affordability for the Residents (scribe: Mr. Pato) • Municipal& School Building Projects (scribe: Ms. Barry) • 250`h Celebration of the Battles at Lexington and Concord(scribe: Ms. Barry) • Progress Towards Sustainability Action Plan (scribe: Mr. Sandeen) Each Board member will submit their respective write-ups to the Select Board Office for aggregation into the draft report. The draft report will then be placed on an upcoming agenda for Board review and comment. Review Assignment of 2020 ATM Articles to Select Board Members for Presentations The Board reviewed assignment of the 2020 Annual Town Meeting articles for Select Board member presentation. The resulting chart is appended to the minutes. 13.Review Action Items for Select Board Goals Mr. Malloy said the Board's report from the off-site goal setting session, facilitated by Julia Novak of the Novak Consulting Group, has been updated to include the Board's feedback the goals and other recommendations which are listed by priority. Upon a motion duly made, the Select Board voted 5-0 to approve the Select Board Goals for 2020-2021 as amended. Each Board member volunteered for assignment as lead for goal areas. 14.Presentation of Signed Select Board Bill State Representative Michelle Ciccolo attended the Select Board meeting to present each Board Member with a copy of the signed H.4062 Bill which was an Act that changed the name of the Board of Selectmen in the town of Lexington to the Select Board. She said the Bill was signed by Governor Baker on January 14th, 2020 precisely at 2:02 p.m. 15.Vote to Rename Selectmen's Meeting Room Mr. Lucente said this item is a follow-up to the Board's January 27, 2020 discussion at which questions arose regarding the renaming of the Selectmen's Meeting Room(SMR). The Board is being asked to confirm the desire to formally change the name of the room to the Select Board Meeting Room. Mr. Pato stated he saw no need to, nor any desire on his part, to change the meeting room name. He said given that that expense already has been incurred ordering new door signage, he wouldn't object to change the name. Ms. McKenna, 9 Hancock Street, stated she feels Board of Selectmen name should remain as meeting room name. Upon a motion duly made and seconded, the Select Board voted 4-0 with I abstention (Mr. Pato abstained) to approve to rename the Selectmen's Meeting Room to the Select Board Meeting Room. Mr. Lucente said the sign behind the desk in the meeting room was gifted to the Town in commemoration of the 100t" anniversary. He asked the Select Board if they would like this gifted sign to remain in its current location and to not have the Board name changed on the gifted sign. The Board was in agreement to leave sign unaltered in its current location. 16.Sign Presidential Primary Warrant Upon a motion duly made and seconded, the Select Board voted 5 -0 to sign the warrant for the March 3, 2020 Presidential Primary. 17.Review Recruitment Process for the Semiquincentennial Commission(Lex250) Mr. Lucente presented a draft letter, list and application that he and Ms. Barry created for the Board's discussion regarding a proposed process to recruit members for the Semiquincentennial Commission (Lex250). He explained the proposed idea is to have a letter sent, including the committee change and application, to community groups seeking their participation and seeking them to encourage someone from their group to apply. In addition he said the plan is for a March 31 deadline for submission of applications for consideration for committee appointment. After general Board discussion and comments, Mr. Lucente said the letter and application would be updated and sent out to a designated list of community groups in order to recruit applicants for consideration for appointment to the Semiquincentennial Commission. 13.Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee Update Ms. Hai said the Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee is ready to hire a consultant for the development of a proposed zoning bylaw amendment. The Committee is in the process of negotiating a contract with Ted Brovitz, Brovitz Community Planning and Design, to develop a draft zoning bylaw amendment that would be targeted to be brought to a fall 2020 Special Town Meeting for the creation of more affordable and diverse residential dwelling units. CONSENT AGENDA 4. Approve One-Day Liquor Licenses Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a one-day liquor for the Lexington Historical Society to serve beer at their Tavern Night to be held at Buckman Tavern, 1 Bedford Street, on Saturday, February 29, 2020 from Upon a motion duly made and seconded, the Select Board voted 5 -0 to approve a one-day liquor for the Cary Memorial Library Foundation to serve beer, wine, and champagne for the purpose of their Donor Reception to be held at Cary Memorial Library, 1874 Massachusetts Avenue, on Friday, May 1, 2020 from 7:00pm to 9:00pm. Upon a motion duly made and seconded, the Select Board voted 5 -0 to approve a one-day liquor for the Lexington Education Foundation to serve beer, wine, and liquor for the purpose of their LEF Celebration for Education to be held at Lower Hayden Field, Worthen Road, on Saturday, June 13, 2020 from 7:00pm to 11:00pm. Adjourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 9:15 p.m. A true record; Attest: Kim Katzenback Executive Clerk Documents presented: Draft 2020-2021 Select Board Goals Draft letter and application for Recruitment of Semiquincentennial Commission 2020 ANNUAL TOWN MEETING SELECT BOARD PRESENTER ASSIGNMENT ARTICLES BOARD MEMB ER Article 4 Appropriate fy2021 operating budget DL Article 5 Appropriate fy2021 enterprise funds budgets MS Article 6 Establish qualifications for tax deferrals JP Article 7 Petition general court to amend legislation regarding tax deferrals JP Article 8 Short term rental impact fee JH Article 9 Establish and continue departmental revolving funds JH Article 10 Appropriate the fy2021 community preservation committee operating budget and cpa projects a) Archives& Records Management/Records Conservation & Preservation- $20,000 b) Restoration of Margaret Lady of Lexington Painting-$9,000 c) Battle Green Master Plan- Phase 3-$317,044 d) Conservation Land Acquisition-TBD e) Daisy Wilson Meadow Preservation-$22,425 JP f) Wright Farm Site Access Planning and Design-$69,000 g) Athletic Facility Lighting-$450,000 h) Park Improvements- Hard Court Resurfacing-Valley Tennis Courts-$100,000 i) Park and Playground Improvements-Sutherland Park-$95,000 j) Park Improvements-Athletic Fields- Harrington, Bowman, and Franklin Field- $370,000 k) Parker Meadow Accessible Trail Construction-$551,026 1) Lexington Housing Authority-Greeley Village Community Center Preservation- $130,000 m) LexHAB- 116 Vine Street Design Funds-$100,000 n) CPA Debt Service-$3,016,730 o) Administrative Budget-$150,000 Article 11 Appropriate for recreation capital projects SB Article 12 Appropriate for municipal capital projects and equipment a) Ambulance Replacement b) Athletic Fields Feasibility Study c) Hydrant Replacement Program d) Storm Drainage Improvements and NPDES compliance e) Sidewalk Improvements f) Equipment Replacement g) Townwide Signalization Improvements h) Street Improvements i) New Sidewalk Installations; j) Transportation Mitigation; k) Municipal Technology Improvement Program JH 1) Application implementation m) Phone Systems& Unified Communications Article 13 Appropriate for water system improvements MS Article 14 Appropriate for wastewater system improvements MS Article 15 Appropriate for school capital projects and equipment SB Article 16 Appropriate for public facilities capital projects a) Police Outdoor/Indoor Firing Range- Hartwell Avenue DL b) Center Recreation Complex Bathrooms & Maintenance Building Renovation c) Public Facilities Master Plan d) LHS Science Classroom Space Mining e) Townwide Roofing Program f) School Building Envelopes and Systems g) Municipal Building Envelopes and Systems h) Facility and Site Improvements • Building Flooring Program • School Paving&Sidewalks Program i) Public Facilities Bid Documents j) Public Facilities Mechanical/Electrical System Replacements k) Westview Cemetery Building Construction SB Article 17 Appropriate to post employment insurance liability fund JH Article 18 Rescind prior borrowing authorizations SB Article 19 Establish, dissolve and appropriate to and from specified stabilization funds JP Article 20 Appropriate from debt service stabilization fund DL Article 21 Appropriate for prior years' unpaid bills MS Article 22 Amend FY2020 operating,enterprise and CPA budgets DL Article 23 Appropriate for authorized capital improvements JH Article 24 Reduce legal expenses (citizen petition) SB Article 25 Purchase of land/eminent domain SB Article 26 Amend historic districts commission enabling legislation SB Article 27 Amend general bylaws-noise construction limits MS Article 28 Amend general bylaws-noise control (citizen petition) JP Article 29 Declare climate emergency(citizen petition) MS Article 30 Land exchange(citizen petition) SB Article 31 Amend general bylaws-demolition delay(citizen petition) DL Article 32 Extend Hancock-Clark historic district(citizen petition) DL Article 33 Amend general bylaws-running bamboo control (citizen petition) JP Article 34 Authorize special legislation-development surcharge for community housing (citizen JH petition) Article 35 Amend zoning bylaw-distance from basement, slab or crawl space and groundwater DL Article 36 Amend zoning bylaw-short term rentals JH Article 37 Amend zoning bylaw-site plan review JP Article 38 Amend zoning bylaw-financial services SB Article 39 Amend zoning bylaw-solar energy systems MS Article 40 Amend zoning bylaw-wireless communication facilities MS Article 41 Amend zoning bylaw-technical corrections JH Article 42 Amend zoning bylaw and zoning map, 1040-1050 Waltham Street(owner petition) JP Article 43 Amend zoning bylaw and map-Hartwell Avenue area (citizen petition) SB Article 44 Amend the zoning bylaw and map- Bedford street near Hartwell Avenue (citizen MS petition) Article 45 Amend zoning bylaw-front yard,transition, and screening areas (citizen petition) DL Article 46 Amend zoning bylaw-gross floor area (citizen petition) JH Joint Meeting Select Board and Planning Board February 10, 2020 A Joint meeting of the Lexington Select Board and Planning Board was called to order at 7:20 p.m. on Monday,February 10, 2020 in the Select Board Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback, Executive Clerk; Carol Kowalski, Assistant Town Manager for Development; Amanda Loomis, Planning Director; Jim Kelly, Building Commissioner; Jennifer Gingras, Zoning Administrator; and Mina Makarious, Town Counsel. Present for the Planning Board were: Bob Creech, Chair; Charles Hornig, Vice-Chair; Bob Peters; and Richard Canale. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Joint Meeting- Select Board and Planning Board- Discuss 2020 Annual Town Meeting Zoning Articles The Select Board and the Planning Board met to discuss the following 2020 Annual Town Meeting Zoning Articles: • ATM Warrant Article 8 - Short-Term Rental Impact Fee • ATM Warrant Article 35 - Amend Zoning Bylaw-Distance From Basement, Slab or Crawl Space and Groundwater • ATM Warrant Article 36 - Amend Zoning Bylaw-Short-Term Rentals • ATM Warrant Article 37 - Amend Zoning Bylaw-Site Plan Review • ATM Warrant Article 38 - Amend Zoning Bylaw-Financial Services • ATM Warrant Article 39 - Amend Zoning Bylaw-Solar Energy Systems Mr. Lucente introduced Amanda Loomis as the new Planning Director for the Town of Lexington and welcomed her with a pin and a round of applause. • ATM Warrant Article 35 - Amend Zoning Bylaw-Distance From Basement, Slab or Crawl Space and Groundwater Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 35: Amend Zoning Bylaw- Distance From Basement, Slab or Crawl Space and Groundwater. The purpose of the article is to amend the zoning bylaw in order to: preserve and protect groundwater; to maintain and enhance the public safety, environment,health, and general welfare by establishing minimum requirements; and to establish procedures to control the adverse effects of building basement floors nearer than two (2) feet from the estimated seasonal high groundwater table, including basement flooding,pumping and discharge of groundwater to neighboring properties, discharging groundwater to the public way, and illicit connections to the Town's sewer and stormwater connections. Mr. Pato inquired if ATM Article 35 would provide protections during construction projects. Mr. Kelly stated that the article would assist in better planning, soil testing, test pits,better understanding of seasonal effects, and prevent any issues that may arise during construction projects. Mr. Lucente expressed concerns regarding the impact on homeowners wanting to build an addition of over 1,000 square feet. Mr. Kelly stated that proposed bylaw was not intended to prohibit building nearer than two feet of the seasonal high groundwater table, but rather to require specific guidelines to be followed when building nearer than two feet of the seasonal high groundwater table. Tom Shiple, Precinct 9 Town Meeting Member, asked for examples of acceptable mitigation systems for the areas that are less than two feet. Mr. Kelly stated that a sump pump system or perimeter drain foundation system are acceptable, as well as dry wells in the backyard. • ATM Warrant Article 36 - Amend Zoning Bylaw- Short-Term Rentals Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 36: Amend Zoning Bylaw- Short-Term Rentals. The purpose of this article was to amend the zoning bylaw in order to: a.)provide a process through which certain residential premises and rooms within residential premises may be registered with the Town of Lexington for use as "short-term rentals"; b.) provide health and safety standards for short-term rentals; and c.) provide for the orderly operation of short-term rentals within the Town's residential neighborhoods. Ms. Gingras stated that the definition of a short-term rental is the rental of a dwelling unit or a bedroom for less than 30 days. There are two types of short-term rentals: operator-occupied, where the owner resides in the dwelling and can rent out the entire dwelling unit or up to three rooms, and operator-adjacent, where the owner has a multifamily dwelling with up to four units and rents out one of the units while residing in another. Some of the basic requirements for the operator include: an annual registration and inspection,proof of residency, compliance with fire and safety regulations, and the appropriate life safety systems in place. This regulation excludes designated affordable housing, accessory apartments, and any property in violation of the state sanitary code. Mr. Lucente asked if there is a way to identify which homes are short-term rentals. Ms. Kowalski stated that the staff did not come across methods of identifying homes as short- term rentals in their research. Ms. Barry asked how the non-owner occupied dwellings would be notified of the regulations that the owner needs to reside in the unit. She also inquired about what enforcement would look like to those in violation. Mr. Makarious stated that once the zoning regulations are in place for the short-term rentals, those owners who are in violation could have zoning enforcement against them. The enforcement would entail an investigation, notice of violation by letter requiring operations to cease, fines or penalties, and potentially a noncriminal court case in district court. Mr. Creech stated that the public hearing is scheduled for Wednesday, February 26, 2020. Ms. Hai expressed concern regarding parking requirement calculation for short-term rental properties. Pamela Lyons,Precinct 5 Town Meeting Member, requested clarification regarding the proposed regulations applying to a small house on a property, which is not attached to the main dwelling, being used as a short-term rental. Ms. Gingras stated that an accessory structure would be considered an accessory apartment and would be exempt as a short-term rental. Accessory structures are not allowed to have a bedroom under the new regulations. Mr. Makarious stated that the accessory apartment would be grandfathered in,but would not be allowed to be used as a short-term rental. Tom Shiple, Precinct 9 Town Meeting Member, inquired about the definition of a bedroom. Ms. Gingras stated that a bedroom would have to meet the building code requirements of a bedroom by the inspector. An unfinished basement, for example, could not be used as a short- term rental. Ellen Cameron, 12 Scotland Road, expressed concern regarding the notification of the new regulations to the owners of short-term rentals. She is concerned that the responsibility would fall on the neighbors. Kevin Gillis, 449 Waltham Street, expressed concern about the occupancy log being invasive and difficult to maintain. He also expressed concern that the calculation of cars and the inspection for owner-occupied units seem excessive and unnecessary. 0 ATM Warrant Article 8 - Short-Term Rental Impact Fee Mr. Makarious presented the 2020 Annual Town Meeting Warrant Article 8: Short-Term Rental Impact Fee. The purpose of this article was to consider whether or not the Town will adopt the fees under Massachusetts General Law Chapter 64G for short-term rentals. There are three sets of fees: 1.) Under Section 3A, the Town would impose an excise tax of up to 6% and would apply the fee to all lodging (the Town had already accepted this fee in the past); 2.)Under Section 31)(a), which would allow the Town to institute a 3% short-term rental impact fee on each transaction for professionally-managed units; and 3.)Under Section 31)(b), which would allow the Town to institute a 3% short-term rental impact fee on each transaction for multifamily dwellings or owner-adjacent units. He stated that 35% of the impact fee must go to affordable housing or local infrastructure projects and the remainder could then go into the Town's General Fund for appropriation. The Department of Revenue would collect the fees and then remit the fiends to the Town. Donna Moultrop, 10 Lockwood Road, explained that the occupant log is needed for public health officials to track the health status of occupants should an illness present at the dwelling. She also stated that fees could help to deter some owners from pursuing the short-term rentals because it would become too costly for them. • ATM Warrant Article 37 - Amend Zoning Bylaw- Site Plan Review Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 37: Amend Zoning Bylaw- Site Plan Review. The purpose of this article was to amend the zoning bylaw in order to better adapt the applicability of Site Plan Review. The amendment would help to better address the reasonable expectations of the public, abutters, and the Planning Board in regards to plans that should or should not rise to the review threshold. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is continued until Wednesday,February 12, 2020. Mr. Creech stated that there are many factors that the Planning Board is reviewing under this article including: whether or not a meeting or hearing should be public, whether or not to advertise in the newspaper or by postcard, abutter distance to the site, and number of parking spaces. He stated that the Planning Board has more work to do on this article and it will be discussed at the hearing on Wednesday, February 12, 2020. 0 Warrant Article 38 - Amend Zoning Bylaw -Financial Services Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 38: Amend Zoning Bylaw- Financial Services. The purpose of this article was to amend the zoning bylaw in order to update the table of uses and provide a definition of"Financial Services". The article proposes to address the concern of evolving forms of banks and various financial-related uses of commercial storefronts in order to protect and enhance the vibrancy of the Central Business District. This would create a supportive environment for a diverse group of uses throughout the Center, and regulate the use of the limited first floor storefront area and frontage of the Central Business District. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is continued until Wednesday, February 12, 2020. Mr. Creech stated that the Planning Board will be revisiting one outstanding item for this article at the close of the hearing on Wednesday, February 12, 2020. The item is regarding the new Entry and Use Table H.2-03: Services Delivered to Persons in a Car. • ATM Warrant Article 39 - Amend Zoning Bylaw- Solar Energy Systems Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 39: Amend Zoning Bylaw- Solar Energy Systems. The purpose of this article was to amend the zoning bylaw in order respond to the community's desire to encourage solar energy systems by removing unnecessary restrictions and providing clear permitting paths for various types of systems. The Planning Board has a hearing scheduled for this item to open on Wednesday, March 4, 2020. Mr. Lucente inquired if the proposed article would open up the availability of solar ground mounted systems in both residential and commercial properties. Ms. Loomis stated that the availability would be for both residential and commercial properties and the types of systems are broken down into four different types: Large-Scale Solar Energy Systems; Canopy Solar Energy Systems; Residential Ground Mounted Solar Energy Systems; and Building Mounted Solar Energy Systems. The only type that cannot be restricted are the Building Mounted Solar Energy Systems because they are allowed under Massachusetts General Law Chapter 40A Section 3. Some of the systems are considered by-right, while others require review or a special permit (those systems that are greater than 25 kilowatts). Mr. Creech expressed concern at what these systems would look like on a residential property and the mitigation of visual impacts. Mr. Canale expressed that further issues will have to be addressed going forward regarding canopies, while remaining energy efficient. Wendy Reasenberg, Precinct 8 Town Meeting Member, expressed concern regarding solar panels taking up too much space in the side yards, backyards, and setbacks. She feels that ground mounted solar panels are not safe and that they should be separated from the vote at this time. David Kanter, 48 Fifer Lane, inquired about an empty, grassy lot on his condominium property and how it would be impacted by this article. Mr. Hornig stated that the type of property where Mr. Kanter lives would not apply to the proposal in this article because it is a Restricted Density(RD) Zone (each plan development district in the Town has their own special list of allowed uses). Pamela Lyons, Precinct 5 Town Meeting Member, expressed concern in regards to the installation of ground mounted solar panel systems on residential properties. She is concerned that residents will cut down large, mature trees in order to make space for the solar systems. Upon a motion duly made and seconded, the Select Board voted 5-0 to close the Joint Meeting at 8:45 p.m. The Planning Board voted the same. A true record; Attest: Stacey Prizio Department Assistant Select Board Meeting February 10, 2020 A meeting of the Lexington Select Board was called to order at 6:00 p.m. on Monday, February 10, 2020 in the Select Board Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; and Ms. Katzenback, Executive Clerk. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai stated that the Tourism Committee met last week and will be presenting at the next Select Board meeting on Monday,February 24, 2020. The committee is tentatively looking at a grand opening and ribbon cutting ceremony for the new Visitors Center on Wednesday, April 15, 2020 at 10:00 a.m. She also stated that Wednesday, March 11, 2020 will be State Tourism Lobbying Day. Ms. Hai noted that the Lexington Human Rights Committee will be having another screening of the film I'm Not Racist...Am I? on Wednesday, March 25, 2020 in the Lexington High School auditorium. There will also be a reshowing of the film Willy. Mr. Pato stated that he attended the Massachusetts Municipal Association (MMA) Transportation and Public Works Policy Committee meeting on Friday, February 7, 2020 and he is on track to becoming appointed to the committee. The meeting was focused primarily on Chapter 90 discussions, but in the future, the committee will look at a broader set of transit improvements, Chapter 90 increases, and looking at Electric Vehicle (EV) fleets and gas leaks as infrastructure. Mr. Pato noted that he had attended the Policy Manual Committee meeting that morning, where there was a sub-quorum discussion on the Town Counsel Access Policy. Mr. Pato stated that suggestions were made to polish the policy language and he had asked if the Board would be amenable to him applying the suggested edits to the draft policy for submission to Mr. Malloy(this would entail bringing an updated policy to the Select Board for review). The Board agreed to Mr. Pato applying the suggested edits to the policy. Mr. Lucente stated that he, Mr. Pato, and Mr. Sandeen attended a program hosted by LexPride for Town staff, which was titled"Layers of Belonging: Stories of Intersectionality". The program will be offered to the community on Saturday, March 7th, 2020 from 3:00 p.m. to 5:00 p.m. in Battin Hall in Cary Memorial Building. Ms. Barry stated that she and Mr. Lucente are going to work on the edits to be made to the Semiquincentennial Commission (Lex250) membership recruitment letter. The draft original was reviewed by the Board at the Monday, February 3, 2020 Select Board meeting. She inquired if the Board wanted to review the updated letter prior to its mailing. The Board concurred that a review prior to mailing was not necessary. Mr. Sandeen stated that he and Susan Barrett, Transportation Manager, attended a Monday, February 10, 2020 Metropolitan Area Planning Council event on electrifying municipal fleets, which was kicked off by State Representative Michelle Ciccolo. At this event, the Department of Environmental Protection announced that the Town of Lexington had been awarded $55,828 for the Electric Vehicle (EV) chargers that were installed in the center of town. Mr. Sandeen noted that he had attended the Permanent Building Committee (PBC) meeting last week. At the meeting,the committee discussed the status of Maria Hastings Elementary School and the Lexington Police Station. TOWN MANAGER REPORT Mr. Malloy stated that in the early morning of Sunday, February 9, 2020, a heating system and HVAC unit coil burst in the Town Office Building above the Finance Department and leaked water directly down the floors of that side of the building. This affected the server room, which impacted the Town Information Systems, including: phones, internet, email, access to servers for department files,ProPhoenix for 911 system recordkeeping, Munis for payroll and finance, and Envision for appraisals. It was clarified that calls made to the 911 system are not affected and emergency services will be dispatched. Wifi hotspots have been set up throughout the building for the Town website, online payments, and online permitting. Mr. Malloy stated that the Town will review processes and location for ongoing protection of the server and infrastructure. He thanked the custodial staff, Department of Public Works staff, and members of the Lexington Fire Department for their efforts in mitigating the water damage. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Capital Budget Presentation Mr. Lucente stated that members of the Senior Management Team were in attendance to answer any additional questions that the Select Board may have regarding the Board's responses to the original presentations for the following topics: Battle Green Master Plan, Sidewalk Projects, Street Improvements, Transportation Safety Group (TSG), Transportation Mitigation,Police Indoor/Outdoor Firing Range, Recreation& Community Programs Athletic Facility Lighting and the Westview Cemetery Building. Mr. Malloy prefaced the discussion by explaining that capital projects in the Town of Lexington Capital Plan were defined as follows: anything that Massachusetts General Law allows a municipality to borrow has a value of$25,000 or more, buildings have a life expectancy of ten years or more, and vehicles have a life expectancy of five years or more. The ongoing projects have been presented per past practices, however, one-time projects have now been rated with a priority-based system preventing some items from making the capital project list. • Battle Green Master Plan, Sidewalk Projects, Street Improvements Dave Pinsonneault, Director of Public Works, stated that the Battle Green Master Plan, Sidewalk Projects, and Street Improvements request is for additional funding for the completion of phase three of the Battle Green Master Plan. The overall project targets a number of things from the pathways, accessibility, lighting, flagpole monument signs, the Hayes fountain, landscaping improvements, benches, et cetera. In summary,the request is to have all three phases of the project completed through funding from the Community Preservation Act(CPA). Ms. Barry inquired about the timeline for the Battle Green Streetscape Project. Mr. Pinsonneault stated that the architect has been engaged and a plan will be brought forth at a future Select Board meeting. The goal is to have the project completed by the fall of 2024. Mr. Pinsonneault reviewed the list of sidewalk projects for the year, including the areas that needed repair under the repair article. A new article has been introduced this year for the new sidewalk construction projects to separate the new construction from the repair projects. The areas that do not meet compliance will be addressed through these proposed projects with approved funding. Dawn McKenna, Chair of the Tourism Committee, expressed concern regarding the Battle Green Master Plan/Streetscape Projects not being completed prior to the 250t" Celebration of the Battle of Lexington in 2025. Mr. Pinsonneault stated that the Engineering Department is reviewing the list of streets that require improvements as they have to coordinate with the utility companies and the Water/Sewer Department. The road condition index and the types of treatment will also impact the project. There is currently not a Street Improvements list at this time. • Police Outdoor Firing Range Mark Corr, Lexington Chief of Police, stated that this Capital Expenditures request was for schematic design funds of$125,000 for the relocation, expansion, and modernization project of the current Lexington Police outdoor range site at the Hartwell Avenue Composting Facility. He explained that the existing range can no longer support the full spectrum of training requirements due to its size and layout. The Lexington Police Department wishes to relocate the firing range to another more suitable location at the Composting Facility, where its size could be expanded to support current firearms training requirements, any additional training, and support facilities could be constructed. Chief Corr stated that the study performed by Weston & Sampson in 2019 identified the feasibility of a new firing range facility, which would include a 100'wide by 300' long firing range enclosed around the perimeter with berms and/or walls; a covered firing line and baffled ballistic superstructure over the range; and an associated range management building with integrated training rooms. The training area would be a flexible space to be used for classroom training as well as lockdown/cover/egress training in a variety of environments. The fully covered, all-weather range with noise mitigation would support regional training operations, and would include a live fire training annex for simulated crisis situations. The simulated training equipment allows for officers to be exposed to thousands of scenarios to improve judgment and reaction time with the opportunity to critique and improve skills. Chief Corr stated they are looking into making this a regional collaborative training facility. Chief Corr also explained that schematic design would establish a cost budget for the facility, which in turn would allow for the submission of grant applications for Commonwealth of Massachusetts and the Federal Government-Homeland Security funding. Mr. Pato expressed that the business plan development is important in this being a compelling case at Annual Town Meeting. Mr. Lucente expressed concern regarding the compatibility of the activities occurring in the Hartwell Avenue area. He also feels as though the business case should be clearly defined. Ms. Barry questioned who the biggest competition would be for the new firing range. She also inquired if other communities were surveyed to see who will actually use the new facility. Chief Corr stated that there is no real competition because there are no other sites like this in the area. He stated that Fort Devens is the only other similar site,but their location is a challenge. He mentioned that Sergeant Tim Barry surveyed surrounding communities in Middlesex and Essex Counties two years ago and found that there is interest in using a site built in Lexington. Mr. Sandecn stated that he would be more comfortable with commitments from surrounding communities to use the facility, as well as a business plan being in place to determine the financing of this project. He feels as though it would be an easier sell to the community. • Recreation and Community Programs, Athletic Facility Lighting and Westview Cemetery Building Melissa Battite, Director of Recreation& Community Programs, stated that the Recreation Department is requesting $450,000 to complete the athletic lighting facility at Center Recreation Complex. The facility currently has lights at the following locations: Center#1, Center#2, and Diamond baseball fields; four out of the ten tennis courts; the pool; and the basketball courts. The request for$450,000 would be for the installation of light poles at all ten tennis courts, as well as for upgrades with LED and improvements for the pool and the basketball courts. Ms. Hai expressed concern regarding the distinction of what was written in the appropriation and what was actually completed. Ms. Battite stated that the appropriated amount was for $975,000, but the soil testing came back much higher than anticipated and affected the budget. The work was partially done as to not go over budget and delay any progress on the field lights (or to potentially shut them down). The Recreation Committee came back to request additional funding for the completion of the original request. Dave Pinsonneault, Director of Public Works, stated that in past practice, there were projects where the add alternate was used when the Town was unsure of the market and what additional costs a project would bring forth at a later time. The original intent was to complete the project using add alternates for any additional costs. He stated that, for this project, the baseball fields were the main concern in terms of completion because of potential safety issues. Mr. Malloy suggested that going forward, a procedure be put into place for when a project that has been previously approved by Town Meeting and has a need for additional funding for its completion, that the issue be brought back to an elected body to decide whether or not a new request should be submitted to Town Meeting for a supplemental appropriation. Mr. Pato stated that the practice for future issues or changes with funding be brought back to an elected, appropriating body and that these types of decisions should not be made by staff or a committee. Mr. Lucente expressed that the types of projects should be specified in the policy as to not create any confusion. • Westview Cemetery Carolyn Kosnoff, Assistant Town Manager for Finance,provided a brief summary of the Westview Cemetery memorandum (See Appendix A). The memorandum outlines the following: the different revenue sources that come through the various Cemetery accounts; the debt service that would be due on the project, if approved; and a cash flow analysis of the revenue coming in versus the debt service going out. The Board agreed to postpone the discussion on this item to the next Select Board meeting on Monday, February 24, 2020. The appropriate information was not provided to the Board ahead of time due to the Town computer system outage and equipment failure from a water leak over the weekend. • Transportation Safety Group, Transportation Mitigation Fund Carolyn Kosnoff, Assistant Town Manager for Finance, stated that a question was posed regarding whether or not the Transportation Mitigation Fund was a rolling fund or if it was meant to be an annual appropriation as needed. She explained that the $100,000 voted on stays in the account either until it is spent or until it's closed or refunded. Historically, $100,000 has been spent almost each year from the fund. She explained that the following balances are remaining from previous years: $8,600 from the FY2017 appropriation, $39,000 from the FY2018 appropriation, and about$100,000 from the FY2019 appropriation. There is a current recommended budget item for a 2020 Annual Town Meeting warrant article that requests an additional $100,000 to be appropriated into the Transportation Safety Group (TSG) Transportation Mitigation Fund for FY2021. The request would be mostly funded from the tax levy with a small portion of the funding coming from the Transportation Network Company (TNC)Funds, the surcharge that the Town gets back from the State for the Uber and Lyft surcharges. The fund is mainly for projects that are recommended by the Transportation Safety Group,but can be used for quick response projects. Mr. Pato stated it was his understanding that the TSG Transportation Mitigation Fund was established to be used for unanticipated traffic safety projects which required a quicker response. He expressed concern that there was about a year and a half s worth of funding unspent and does not feel inclined to fund it this fiscal year. Mr. Pato suggested to only appropriate TNC funds into the Transportation Mitigation Account for FY2021, to evaluate the draw down, and appropriate funding as warranted for future budget cycles for the Transportation Mitigation Account. The Board concurred with Mr. Pato's recommendations. David Kanter, Vice-Chair of the Capital Expenditures Committee, expressed that the committee shared the same concerns as Mr. Pato and did not believe it should be a carry forward fund. 2. Joint Meeting- Select Board and Planning Board- Discuss 2020 Annual Town Meeting Zoning Articles At 7:20 p.m., the Joint Meeting of the Select Board and the Planning Board was called to order by both boards to discuss the following 2020 Annual Town Meeting(ATM)Zoning Articles: • ATM Warrant Article 8 - Short-Term Rental Impact Fee • ATM Warrant Article 35 - Amend Zoning Bylaw-Distance From Basement, Slab or Crawl Space and Groundwater • ATM Warrant Article 36 - Amend Zoning Bylaw-Short-Term Rentals • ATM Warrant Article 37 - Amend Zoning Bylaw-Site Plan Review • ATM Warrant Article 38 - Amend Zoning Bylaw-Financial Services • ATM Warrant Article 39 - Amend Zoning Bylaw-Solar Energy Systems Present for the Planning Board were: Bob Creech, Chair; Charles Hornig, Vice-Chair; Bob Peters; and Richard Canale. Also present: Carol Kowalski, Assistant Town Manager for Development; Amanda Loomis, Planning Director; Jim Kelly, Building Commissioner; Jennifer Gingras, Zoning Administrator; and Mina Makarious, Town Counsel. Mr. Lucente introduced Amanda Loomis as the new Planning Director for the Town of Lexington and welcomed her with a pin and a round of applause. • ATM Warrant Article 35 - Amend Zoning Bylaw-Distance From Basement, Slab or Crawl Space and Groundwater Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 35: Amend Zoning Bylaw- Distance From Basement, Slab or Crawl Space and Groundwater. The purpose of the article is to amend the zoning bylaw in order to: preserve and protect groundwater; to maintain and enhance the public safety, environment, health, and general welfare by establishing minimum requirements; and to establish procedures to control the adverse effects of building basement floors nearer than two (2) feet from the estimated seasonal high groundwater table, including basement flooding,pumping and discharge of groundwater to neighboring properties, discharging groundwater to the public way, and illicit connections to the Town's sewer and stormwater connections. Mr. Pato inquired if ATM Article 35 would provide protections during construction projects. Mr. Kelly stated that the article would assist in better planning, soil testing, test pits,better understanding of seasonal effects, and prevent any issues that may arise during construction projects. Mr. Lucente expressed concerns regarding the impact on homeowners wanting to build an addition of over 1,000 square feet. Mr. Kelly stated that proposed bylaw was not intended to prohibit building nearer than two feet of the seasonal high groundwater table,but rather to require specific guidelines to be followed when building nearer than two feet of the seasonal high groundwater table. Tom Shiple, Precinct 9 Town Meeting Member, asked for examples of acceptable mitigation systems for the areas that are less than two feet. Mr. Kelly stated that a sump pump system or perimeter drain foundation system are acceptable, as well as dry wells in the backyard. • ATM Warrant Article 36 - Amend Zoning Bylaw- Short-Term Rentals Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 36: Amend Zoning Bylaw- Short-Term Rentals. The purpose of this article was to amend the zoning bylaw in order to: a.) provide a process through which certain residential premises and rooms within residential premises may be registered with the Town of Lexington for use as "short-term rentals"; b.) provide health and safety standards for short-term rentals; and c.)provide for the orderly operation of short-term rentals within the Town's residential neighborhoods. Ms. Gingras stated that the definition of a short-term rental is the rental of a dwelling unit or a bedroom for less than 30 days. There are two types of short-term rentals: operator-occupied, where the owner resides in the dwelling and can rent out the entire dwelling unit or up to three rooms, and operator-adjacent, where the owner has a multifamily dwelling with up to four units and rents out one of the units while residing in another. Some of the basic requirements for the operator include: an annual registration and inspection, proof of residency, compliance with fire and safety regulations, and the appropriate life safety systems in place. This regulation excludes designated affordable housing, accessory apartments, and any property in violation of the state sanitary code. Mr. Lucente asked if there is a way to identify which homes are short-term rentals. Ms. Kowalski stated that the staff did not come across methods of identifying homes as short- term rentals in their research. Ms. Barry asked how the non-owner occupied dwellings would be notified of the regulations that the owner needs to reside in the unit. She also inquired about what enforcement would look like to those in violation. Mr. Makarious stated that once the zoning regulations are in place for the short-term rentals, those owners who are in violation could have zoning enforcement against them. The enforcement would entail an investigation, notice of violation by letter requiring operations to cease, fines or penalties, and potentially a noncriminal court case in district court. Mr. Creech stated that the public hearing is scheduled for Wednesday, February 26, 2020. Ms. Hai expressed concern regarding parking requirement calculation for short-term rental properties. Pamela Lyons, Precinct 5 Town Meeting Member, requested clarification regarding the proposed regulations applying to a small house on a property, which is not attached to the main dwelling, being used as a short-term rental. Ms. Gingras stated that an accessory structure would be considered an accessory apartment and would be exempt as a short-term rental. Accessory structures are not allowed to have a bedroom under the new regulations. Mr. Makarious stated that the accessory apartment would be grandfathered in,but would not be allowed to be used as a short-term rental. Tom Shiple, Precinct 9 Town Meeting Member, inquired about the definition of a bedroom. Ms. Gingras stated that a bedroom would have to meet the building code requirements of a bedroom by the inspector. An unfinished basement, for example, could not be used as a short- term rental. Ellen Cameron, 12 Scotland Road, expressed concern regarding the notification of the new regulations to the owners of short-term rentals. She is concerned that the responsibility would fall on the neighbors. Kevin Gillis, 449 Waltham Street, expressed concern about the occupancy log being invasive and difficult to maintain. He also expressed concern that the calculation of cars and the inspection for owner-occupied units seem excessive and unnecessary. • ATM Warrant Article 8 - Short-Term Rental Impact Fee Mr. Makarious presented the 2020 Annual Town Meeting Warrant Article 8: Short-Tenn Rental Impact Fee. The purpose of this article was to consider whether or not the Town will adopt the fees under Massachusetts General Law Chapter 64G for short-term rentals. There are three sets of fees: 1.)Under Section 3A, the Town would impose an excise tax of up to 6% and would apply the fee to all lodging (the Town had already accepted this fee in the past); 2.) Under Section 31)(a), which would allow the Town to institute a 3% short-term rental impact fee on each transaction for professionally-managed units; and 3.)Under Section 31)(b), which would allow the Town to institute a 3% short-term rental impact fee on each transaction for multifamily dwellings or owner-adjacent units. He stated that 35% of the impact fee must go to affordable housing or local infrastructure projects and the remainder could then go into the Town's General Fund for appropriation. The Department of Revenue would collect the fees and then remit the funds to the Town. Donna Moultrop, 10 Lockwood Road, explained that the occupant log is needed for public health officials to track the health status of occupants should an illness present at the dwelling. She also stated that fees could help to deter some owners from pursuing the short-term rentals because it would become too costly for them. • ATM Warrant Article 37 - Amend Zoning Bylaw- Site Plan Review Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 37: Amend Zoning Bylaw- Site Plan Review. The purpose of this article was to amend the zoning bylaw in order to better adapt the applicability of Site Plan Review. The amendment would help to better address the reasonable expectations of the public, abutters, and the Planning Board in regards to plans that should or should not rise to the review threshold. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is continued until Wednesday,February 12, 2020. Mr. Creech stated that there are many factors that the Planning Board is reviewing under this article including: whether or not a meeting or hearing should be public, whether or not to advertise in the newspaper or by postcard, abutter distance to the site, and number of parking spaces. He stated that the Planning Board has more work to do on this article and it will be discussed at the hearing on Wednesday, February 12, 2020. • Warrant Article 38 - Amend Zoning Bylaw -Financial Services Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 38: Amend Zoning Bylaw- Financial Services. The purpose of this article was to amend the zoning bylaw in order to update the table of uses and provide a definition of"Financial Services". The article proposes to address the concern of evolving forms of banks and various financial-related uses of commercial storefronts in order to protect and enhance the vibrancy of the Central Business District. This would create a supportive environment for a diverse group of uses throughout the Center, and regulate the use of the limited first floor storefront area and frontage of the Central Business District. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is continued until Wednesday, February 12, 2020. Mr. Creech stated that the Planning Board will be revisiting one outstanding item for this article at the close of the hearing on Wednesday,February 12, 2020. The item is regarding the new Entry and Use Table H.2-03: Services Delivered to Persons in a Car. • ATM Warrant Article 39 - Amend Zoning Bylaw- Solar Energy Systems Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 39: Amend Zoning Bylaw- Solar Energy Systems. The purpose of this article was to amend the zoning bylaw in order respond to the community's desire to encourage solar energy systems by removing unnecessary restrictions and providing clear permitting paths for various types of systems. The Planning Board has a hearing scheduled for this item to open on Wednesday, March 4, 2020. Mr. Lucente inquired if the proposed article would open up the availability of solar ground mounted systems in both residential and commercial properties. Ms. Loomis stated that the availability would be for both residential and commercial properties and the types of systems are broken down into four different types: Large-Scale Solar Energy Systems; Canopy Solar Energy Systems; Residential Ground Mounted Solar Energy Systems; and Building Mounted Solar Energy Systems. The only type that cannot be restricted are the Building Mounted Solar Energy Systems because they are allowed under Massachusetts General Law Chapter 40A Section 3. Some of the systems are considered by-right, while others require review or a special permit (those systems that are greater than 25 kilowatts). Mr. Creech expressed concern at what these systems would look like on a residential property and the mitigation of visual impacts. Mr. Canale expressed that further issues will have to be addressed going forward regarding canopies, while remaining energy efficient. Wendy Reasenberg, Precinct 8 Town Meeting Member, expressed concern regarding solar panels taking up too much space in the side yards,backyards, and setbacks. She feels that ground mounted solar panels are not safe and that they should be separated from the vote at this time. David Kanter, 48 Fifer Lane, inquired about an empty, grassy lot on his condominium property and how it would be impacted by this article. Mr. Hornig stated that the type of property where Mr. Kanter lives would not apply to the proposal in this article because it is a Restricted Density(RD) Zone (each plan development district in the Town has their own special list of allowed uses). Pamela Lyons,Precinct 5 Town Meeting Member, expressed concern in regards to the installation of ground mounted solar panel systems on residential properties. She is concerned that residents will cut down large, mature trees in order to make space for the solar systems. At 8:45 p.m., the Select Board and the Planning Board, respectively, voted to adjourn the Joint Meeting. The Select Board called a brief recess and returned at 8:50 p.m. calling the regular Select Board meeting back to order. 3. Update- ATM 2020 Warrant Article 30 - Land Exchange Patricia Nelson, an attorney representing the principal on the LLC that owns the property at 344 Lowell Street, Dr. Mohammed Jaleel,presented the 2020 Annual Town Meeting Warrant Article 30: Land Exchange. The purpose of this article was to initiate the exchange of a portion of the lot located at 344 Lowell Street with a portion of the Town's adjoining land. The lot line cuts through a structure on the property and the article seeks to swap similar sized portions of land so that the existing structure is within appropriate setbacks on the private land. The intention is to use the building on the property as a place of worship for the Muslim-American Community Center. Mr. Lucente stated that the Town Manager has reviewed an initial and revised proposal with the Recreation Department and the Department of Public Works and both of which were satisfied with the revised proposal. The School Superintendent indicated that the revised proposal could provide an opportunity in the future to improve access, however one School Committee member indicated concern over any benefit to the Town. The Superintendent has been asked to submit a position from the School Department, which will be provided to the Select Board once received. Mr. Makarious stated that two motions may be needed at Annual Town Meeting—one for the acquisition and one for the disposal. He advised that a Request for Proposal(RFP)be issued if the value of Town land being used in the swap was above a certain dollar amount due to a state law regarding acquiring unique properties. Mr. Lucente inquired if the Town would have to do an RFP, and if so, what the timeline would be for that. Mr. Makarious stated that the Town would not have to do an REP if the value of the land that the Town is disposing of is appraised under $35,000. If the value were over$35,000, then an REP could be done before or after Annual Town Meeting. An appraisal would have to be done before Annual Town Meeting. Ms. Nelson stated that an appraisal has not been done of the property. Mr. Makarious stated that an evaluation could be done on the land in place of an appraisal by taking a percentage of the lot and comparing it to the assessed value. A value would need to be placed on the portion of land that the Town is giving up. Ms. Barry inquired about the second means of egress needing a second means of access to the property, and if so,would that mean accessing the school driveway. She requested a follow up from the Lexington Fire Department in regards to any concerns for vehicular access to the property. David Kanter, Precinct 7 Town Meeting Member, expressed concern regarding a lack of easement on the property. He feels as though there should be a condition put on the title of the land being transferred stating that it was not to be developed in the sense of adding facility. He inquired if the garage would be grandfathered onto the Town's land since it is partially on both sets of land. Mr. Malloy stated that he is not certain on the zoning of that property,but the proponent would not be able to use the garage without the Town's permission because it is not on their property. Dawn McKenna,Precinct 6 Town Meeting Member, expressed concern regarding the lack of an appraisal. She is concerned whether or not the exchange of land is fair. 4. Approve Submission of Statement of Interest for Bridge Elementary School Roof Replacement Mike Cronin, Director of Public Facilities,presented on the Bridge Elementary School roof replacement. The roof is in excess of 20 years old and needs replacement. The roof replacement is scheduled to be done in FY2021 on the Capital Plan and the School Committee has agreed to submit a Statement of Interest (SOI) to the Massachusetts School Building Authority(MSBA) for funding a portion of the project. The estimated cost of the project is $2.2 million. The SOI program would reimburse the Town 25 percent of the cost of the project and it would be completed in the summer of 2021. Ms. Hai requested clarification if the project would be completed whether or not funding was received from the submitted SOI. Mr. Cronin stated that the roof would be replaced regardless of the SOI submission and approval. Mr. Pato expressed dissatisfaction regarding an incomplete application being presented to the Select Board for approval. David Kanter, Vice-Chair of the Capital Expenditures Committee, inquired if there was a reimbursement allowance or special funding from the MSBA that would coincide with the appropriation of funds under Annual Town Meeting Warrant Article 16. Mr. Cronin stated that for this type of project, the Town would front the entire cost of the project because it is a short construction timeline and that any reimbursements from MSBA would occur after the project is complete. Upon a motion duly made and seconded, the Select Board of the Town of Lexington, in accordance with its charter, by-laws, and ordinances, has voted 5-0 to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated February 14, 2020 for the Bridge Elementary School located at 55 Middleby Road, which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future replacement, renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility. The Bridge Elementary School, located at 55 Middleby Road, is in need of replacing its 68,000 square foot roof as it has exceeded it useful life cycle. The manufacturer of this modified bituminous roof is Firestone and the roof warranty expired in September of 2019; and hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Town of Lexington School District to filing an application for funding with the Massachusetts School Building Authority. 5. Discuss Proposed New Police Station Mike Cronin, Director of Public Facilities, and Jeffery McElravy, AIA, Principal, Public Safety at Tecton Architects,presented an update on the Lexington Police Station design complete with comparisons between 2018 and 2019,updated cost estimates for a new building by not keeping the two historic walls, as well as for the location at 173 Bedford Street. The new proposal for the existing police station site eliminates preservation of any existing facade walls and is a completely new construction. Freed from constraints imposed by the existing facades, this design provides a more efficient and smaller building; co-locates functions within the building more rationally; utilizes universal design to eliminate the need for ramps at the entrance; and reduces the overall cost (—$25.5 million) to be similar to the cost of construction at 173 Bedford Street (424.8 million). In order to bring back an update on the proposed plans, input was received from the Select Board,Permanent Building Committee (PBC), and the Historic Districts Commission (HDC). A letter was received by the Town Manager from the Historic Districts Commission stating their support for maintaining balance in structures of the Town Offices and their procedures for allowing any demolition that is needed for the new, approved plan. Ms. Hai expressed that the location of the Police Headquarters should be maintained at the current location on Massachusetts Avenue and is pleased with the cost estimate of the updated plans. Mr. Pato stated that he had reached out to the community for feedback on the project in regards to their concerns. He stated that he conducted three surveys and the results presented that the community is concerned about the cost of the project and that the strongest location preference was for the current location on Massachusetts Avenue. He expressed concern in regards to the letter from the Historic Districts Commission. He stated that there was not a publicly posted meeting of the HDC and there was not a quorum of the Commission(the letter was reviewed by a sub-quorum). He would like to hear the perspective of the entire Commission. Bob Adams, Historic Districts Commission, stated that he was assigned by the Chair of the HDC as a liaison for design feedback on major projects. He encouraged the Board to be more involved in the process to eliminate the possibility of surprises. Mr. Lucente stated that he likes the long range plan that this new design concept provides for the future of the Town Office Complex. He feels as though the Hosmer House should be considered when comparing the pricing between the Bedford Street and Massachusetts Avenue locations. He expressed that the police station should remain in its current location on Massachusetts Avenue. Ms. Barry asked that, on a future meeting agenda, the Board assigns two members as liaisons to this project per past practices and the PBC charge. She also inquired about fitting solar panels into the design of each location. Mr. McElravy stated that solar panels could not completely fit on the roof of either site and in order to meet Net Zero, the design would have to be reworked. Solar panels in the parking lots could also be considered as an option. Mr. Lucente stated that, per the PBC charge, the Town Manager would be appointing members of the Select Board as liaisons to this project. Mr. Sandeen inquired about the recommendation of the Permanent Building Committee in regards to a preferred location. Mr. Cronin stated that the PBC is unanimously in support of the current location at 1575 Massachusetts Avenue. Mr. Sandeen inquired about a plan for handling the Hosmer House in the future. Mr. Malloy stated that the plan was to refer to the working group to discuss relocating the house up the street to the Leary property or putting out a Request For Proposal (RFP)to have it moved somewhere else in the community. The working group was made up of members of the HDC, Housing,Public Facilities, and Select Board. The group discussed looping into having someone purchase the home, move it to another location within the Historic District, and restore it. The Town Manager drafted an RFP with this information and sent it to Town Counsel for review last week. Mr. Sandeen stated that he appreciates the improvements in efficiency and cost from past to current design concepts and proposals. He expressed that the police station should remain in its current location on Massachusetts Avenue. Mr. Lucentc asked for clarification on the garage parking of police vehicles. Mark Corr, Lexington Chief of Police, stated that the goal was to cover the patrol vehicles that are marked and needed for immediate response. The equipment within the vehicles (firearms, medical supplies, and computer equipment)would be protected from the elements and changes in New England weather. The garaging of vehicles would extend the life of the equipment and protect the police officers loading their vehicles from the public eye. Mr. Adams stated that the HDC has not yet seen a sketch of the solar panels within any of the design plans and would need to see that for approval soon. Bob Pressman, 22 Locust Avenue, expressed that the police station should remain at its current location at 1575 Massachusetts Avenue. Betsey Weiss, Precinct 2 Town Meeting Member, expressed that the renovation cost for the building not being used for the final location of the police station should be included in the cost estimates when being presented at Special Town Meeting. Mr. Lucente asked the Board for next steps that would need clarification or more information in order to make a decision on the location. Ms. Hai stated that the conversation with the HDC is the missing piece. Mr. Pato stated that the incorporation of solar into the final design would need to be considered. Ms. Barry stated that solar is an important conversation, as well as the architect looking for more ways to reduce costs. Mr. Sandeen requested that the Board would need to hear from all members of the HDC for a total demolition in a quorum, not just a sub-quorum. Dawn McKenna, Precinct 6 Town Meeting Member, expressed concern about the contingency on the HDC to support or approve the design plans for total demolition. Mr. Cronin expressed concern in regards to the timing of the project and not having a definitive direction for the architect as it would further delay the construction. He would need a 100 percent design concept for Special Town Meeting. Mr. Pato suggested putting forth a request for demolition at the existing site at 1575 Massachusetts Avenue and have the HDC rule on that request in order to get an answer on waiving the demolition delay. Mr. Adams stated that the HDC already supports a demolition. A design would need to be submitted for approval because the HDC does not do preapprovals. He stressed that it is better to work together, rather than apart. The Board agreed to review a decision on the location of the new police station with the focus on solar panels and pending a letter from the HDC at the next regularly scheduled meeting on Monday, February 24, 2020. 6. Approve the Sale of Bonds and Notes Carolyn Kosnoff, Assistant Town Manager for Finance, reported that on Wednesday, February 5, 2020, the Town of Lexington sold $9,570,000 of general obligation bonds and $5,268,223 of general obligation bond anticipation notes (BANS). Moody's conducted a review of the sale and rated the bonds as AAA and the BANS as MIG 1, both of which are the highest ratings that can be obtained by a municipality. Ms. Kosnoff stated that the bond issue was for a variety of municipal purposes, including but not limited to: sidewalk improvement projects, construction of the Visitors Center and Lexington Children's Place, purchase of department equipment, and Water/Sewer improvements. Nine competitive bids were submitted for the bonds. The bids,based on a calculation of the true interest cost(TIC),which takes into consideration the amount of the issue, coupon rate, underwriting discount and offering premium, ranged from a high of 1.0349%to a low of .9362%. The lowest bidder was Fidelity Capital Markets, whose true interest cost(TIC) of .9362% included a premium of$1,516,074.65. This premium was applied to reduce the par value of the issuance on the day of the sale, which resulted in a net resized issuance of$8,315,000 and net proceeds to the Town of$9,656,031.12. Ms. Kosnoff also stated that the general obligation bond anticipation notes were primarily to continue the short-term funding of the purchase of land for l 71/173 Bedford Street and 20 Pelham Road, plus one facilities mechanical system. Seven bids were submitted for the notes, which will come due on February 12, 2021. The bids,based on a calculation of the net interest cost(NIC), which takes into consideration the amount of the issue, coupon rates and offering premium,ranged from a high of 1.72%to a low of 1.03%. The lowest bidder was Oppenheimer &Co., Inc., whose NIC of 1.03% included a premium of$37,720.48. Upon a motion duly made and seconded, the Select Board voted 5-0 that the sale of the $8,315,000 General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated February 13, 2020 (the "Bonds"), to Fidelity Capital Markets, a Division of National Financial Services LLC at the price of$9,656,031.12 and accrued interest is hereby approved and confirmed. The bonds shall be payable on February 1 st of the years and the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Rate Rate Amount Year Amount 0 2021 $1,240,000 5.00% 2026 $485,000 5.00% 2022 $1,230,000 5.00% 2027 $485,000 5.00% 2023 $1,205,000 5.00% 2028 $485,000 5.00% 2024 $1,200,000 5.00% 2029 $480,000 4.00% 2025 $1,025,000 5.00% 2030 $480,000 4.00% And Further: to approve the sale of$5,268,223 General Obligation Bond Anticipation Notes of the Town dated February 14, 2020,payable February 12, 2021 (the "Notes") to Oppenheimer& Co., Inc. at par and accrued interest plus a premium of$37,720.48. And Further: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 29, 2020 and a final Official Statement dated February 5, 2020 each in such form as may be approved by the Town Treasurer,be and hereby are ratified, confirmed, approved and adopted. And Further: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 29, 2020 and a final Official Statement dated February 5, 2020, each in such form as may be approved by the Town Treasurer,be and hereby are ratified, confirmed, approved and adopted. And Further: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver continuing and Significant events disclosure undertakings in compliance with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the benefit of the holders of the Bonds and Notes from time to time. And Further: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and Notes and to comply with relevant securities laws. And Further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. 7. Approve the FY2021 Recommended Budget Carolyn Kosnoff, Assistant Town Manager for Finance, presented the FY2021 Recommended Budget. Based on the Select Board's review and changes to the Town Manager's FY2021 Preliminary Budget and Financing Plan, staff has revised the FY2021 budget for approval. Changes from the Preliminary Budget and Financing Plan are summarized in the Crosswalk of Potential Changes from the "White Book"to the "Brown Book" (See Appendix B). Staff have also provided a blacklined DRAFT version of the "Brown Book" sections that have changed since publishing the "White Book"for the Board's review. The request for approval is for the Program Summary(See Appendix C) of the Budget Book(or"Brown Book"), which lays out the individual line items as they will be presented at Annual Town Meeting. Mr. Pato inquired if the adjustment of the Transportation Safety Group (TSG)Fund portion (that was not from the Transportation Network Companies)was going to come out of free cash and if it was going to affect any numbers in the tables. Ms. Kosnoff stated that portion of money in question was free cash and would be another transfer into the Capital Stabilization Fund. Ms. Barry requested that this item be moved up earlier on the agenda for future meetings because it is the most important item that the Board votes on all year. Ms. Hai inquired if Ms. Kosnoff was still comfortable with the changes made for allocation next year. Ms. Kosnoff stated that she feels that the Town is sufficiently covered. She stated that the Reserve Fund has been slightly lower than it has in past years with a reduction from $900,000 to $750,000, but further discussions can take place with the Town Manager and the Finance Committee. Mr. Malloy stated that he felt the Town would still be fine at a Reserve Fund of$750,000. Upon a motion duly made and seconded,the Select Board vote 5-0 to approve the FY2021 Recommended Budget and Financing Plan, as shown in Column D of the Program Summary (beginning on page I-2) and authorize staff to make non-substantive changes, including the sub-classification of debt service line items 2410-2430 (not changing the total of line 2400) and further, as amended for the Transportation Mitigation. 8. 2020 Annual Town Meeting-Article Positions/Discussion The discussion on this item was deferred to next regularly scheduled Select Board meeting on Monday, February 24, 2020. CONSENT AGENDA 1. Approve One-Day Liquor Licenses Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day Liquor License for the Lexington Symphony to serve beer and wine for the purpose of their Post-Concert Reception to be held in Estabrook Hall, Cary Memorial Building, 1605 Massachusetts Avenue, on Saturday, February 15, 2020 from 9:30 p.m. to 10:30 p.m. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day Liquor License for Maddie's Mission to serve beer and wine for the purpose of their Foster Care Fundraiser/Charity Event to be held at the Scottish Rite Masonic Museum&Library, 33 Marrett Road, on Saturday, February 29, 2020 from 6:00 p.m. to 10:30 p.m. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day Liquor License for St. Brigid Church to serve beer and wine for the purpose of their St. Patrick's Day Party to be held at their own location at Keilty Hall, St. Brigid Church, 1981 Massachusetts Avenue, on Saturday, March 21, 2020 from 6:00 p.m. to 11:00 p.m. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve eight One- Day Liquor License for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of eight events on the following dates: 0 Cherish the Ladies, Friday, March 6, 2020 7:30 p.m. to 10:00 p.m. • The Moody Blues' John Lodge, Sunday, March 8, 2020 7:00 p.m. to 9:30 p.m. • The Russian National Ballet, Friday, March 20, 2020 7:30 p.m. to 10:00 p.m. • Al Di Meola,Friday, April 3, 2020 8:00 p.m. to 10:30 p.m. • Comedian Bobby Collins,Friday, April 17, 2020 8:00 p.m. to 10:30 p.m. • Illusionist Rick Thomas, Saturday, April 18, 2020 7:30 p.m. to 10:00 p.m. • The Capitol Steps, Friday, April 24, 2020 7:30 p.m. to 10:00 p.m. • Ronan Tynan, Sunday, April 26, 2020 3:00 p.m. to 6:00 p.m. 2. Approve Use of Battle Green-2020 Lexington Fife and Drum Tattoo Upon a motion duly made and seconded, the Select Board voted 5-0 approved a Battle Green permit for the William Diamond Junior Fife and Drum Corps' annual Lexington Fife and Drum Tattoo on the Battle Green on Friday, May 1, 2020, from 7:00 p.m. to 8:00 p.m., including a small parade from St. Brigid Parish to the Battle Green beginning at approximately 6:50 p.m. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 11:29 p.m. A true record; Attest: Stacey Prizio Department Assistant SELECT BOARD MEETING March 9, 2020 A meeting of the Lexington Select Board was called to order at 6:30 p.m. on Monday, March 9, 2020 in the Select Board Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION Upon a motion duly made and seconded by roll call, the Select Board voted 5-0 to go into Executive Session under Exemption 6 to consider purchase, exchange, lease or value and of Historical Society Parking Parcel- Edison Way; and further under Exemption 3: to discuss strategy regarding the Public Employee Committee (PEC) Contract Renewal. Ms. Barry recused herself from the executive session discussion for exemption 3 PEC contract renewal. Upon exiting Executive Session, a short recess was called and Open Session reconvened at 6:55 p.m. Ms. Barry rejoined the meeting. Mr. Lucente amended the order of the agenda for the Board to address the consent agenda items. CONSENT AGENDA 1. Request for Use of Battle Green- Lexington Historical Society's Battle of Lexington Reenactment for Children Upon a motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve a license for the Lexington Historical Society to use the Battle Green on Wednesday, April 22, 2020 from 9:30 a.m. to 2:30 p.m. for the purpose of their annual Battle of Lexington Reenactment for children. Police, Fire, and DPW have no objections to this request. 2. Approve Meeting Minutes Upon a motion duly made and seconded, the Select Board voted 5-0 to approve,but not release, the Executive Session minutes of July 22, 2019 and August 5, 2019. Mr. Lucente returned to the order of the agenda. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai: • The Battle Road Scenic Byway Committee will be meeting this week to discuss the next steps after being awarded funding from the MAPC for the committee's application for federal scenic byway status. • MAGIC met last week at which Amy Dain, Dain Research, Consultant for MAPC, made a presentation regarding multifamily zoning and housing opportunities in greater Boston area. Ms. Dain recommended that towns should all be looking to reform the approval process in order to create flexibility and predictability that we should zone more land to multifamily use; should allow multifamily housing next to mixed use hubs as opposed to isolated; should be create more housing in the centers of our communities in near transit plant transit areas and planning for connected growth nodes when we do permit things along the edges. • Lexington Human Rights committee met on March 6, 2020 providing the following update: The screening of film Pin not a racist and discussion will be held on March 25, 2020 6:30 p.m. at Lexington High School and Parent Academy program is being held on March 14, 2020, 9:30 a.m. Mr. Pato: • Attended the MMA transportation and DPW policy committee meeting planning for lobbying for the transportation bond bill, which was voted on Thursday in the afternoon, and reviewing the transportation budget bill, which included chapter 90 funding increases to $300 million a year approved by the House and still has to go to the Senate. Mr. Lucente: • Represented the Board at the March 7, 2020 Moderators workshop for new town meeting members. • He and Ms. Barry attended the March 4, 2020 the LexRecNeeds a community forum held to engage with the public to better understand the community's needs as it relates to parks,recreation programs and facilities in Lexington. • Attended the March 6, 2020 Enterprise Bank ribbon cutting on behalf of the • Announced the Thursday, March 12, 2020 forum regarding the Corona virus to be held from 6:00 p.m. —7:30 p.m. giving the community an opportunity to ask questions on how the Town is addressing the Corona virus. Ms. Barry: • Reported the LexRecNeeds stakeholder group will be meeting approximately every four to six weeks to shepherd the process of developing a strategic action plan that will help drive short and long-term decision making for our parks,recreation programs, and facilities and will reflect the community's values. TOWN MANAGER REPORT Mr. Malloy stated that in addition to providing the March 12, 2020 community forum, the Town will provide regular updates posted to the Town's website regarding steps being taken to prevent and respond to the Corona Virus. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Hazard Mitigation Plan Resolution This item was postponed until the March 16, 2020 Select Board meeting. 18. Update from Communications Advisory Committee Regarding Public, Educational, and Government (PEG) Access Provider Procurement Mr. Ken Pogran, Chair Communication Advisory Committee (CAC)presented an update to the Board regarding the Town's, the Town's Public, Educational, Government(PEG)provider status. He stated the contract with LexMedia, current PEG provider, is due to expire at the end of June 2020. Mr. Pogran said the Communications Advisory Committee's two previous performance evaluations of LexMedia have been favorable and the CAC is recommending a grant approach for a contract renewal with LexMedia. He explained this approach was suggested by Ms. Mancini, Lexington Purchasing Director, and reviewed with the Town Manager and Town Counsel. Further, Mr. Pogran said, to date, the PEG Access contract has been fully funded by the Town's receipt of the 5% franchise fee that's assessed on cable television revenues from our three Lexington cable TV providers, RCN, Verizon and Comeast. Mr. Pogran explained this future revenue stream for PEG Access funds will be negatively impacted by regulatory and technology changes. In order to keep PEG Access services at or near current levels, the Town one day may need to consider appropriating money to the PEG Access fund account. The Board was in support of the grant agreement approach for the contract renewal. Mr. Jim Shaw, Chairman of LexMedia Board, stated he looks forward to working with the Town in the efforts towards a contract renewal. 19. Update on Police Station Location Mr. Lucente stated the agenda item tonight is a follow up to the ongoing discussions related to the location of the proposed new Police Station to get confirmation from the Historic District Commission (HDC) that they would consider a design that includes demolition of the entire existing police station and construction of an entirely new building. Mr. Lucente updated the Board that the HDC voted unanimously at their March 5, 2020 meeting to consider demolition consistent with their guidelines and they will be forwarding a letter citing this to the Select Board. General Board discussion ensued. Based on the anticipated reduction in cost due to a complete replacement of the existing police station and the confirmation from the HDC that they would accept demolition as part of the new design, the Board was in agreement to proceed with design work for the police station to be at 1575 Massachusetts Avenue rather than at 173 Bedford Street. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the location of new police station to be at 1575 Massachusetts Avenue. 20. Memorandum of Understanding(MOU) for 1050 Waltham Street Mr. Malloy stated he has been negotiating the 1050 Waltham Street Memorandum of Understanding agreement between the Town and BH GRP 1050 Waltham Owner LLC and obtained input from the Select Board and has incorporated some comments received from resident groups. Mr. Malloy said the MOU provides for the following: • Bicycle parking+ locker room/shower facilities for employees • $2,000 per parking space (over existing) for the parking garage estimated payment of $360,000 up to $416,000 parking spaces and then $4,000 per parking space up to a maximum of 475 which would generate another $236,000. $5,000 per year to Lexpress Shuttle service for employees that will be available for at least a six month trial period when there are vacant seats to residents (at a charge) - this was requested at the last Select Board meeting by residents. • A range of transportation mitigation under item(4) TDM Obligations. • Pedestrian safety improvements • Traffic mitigation potential of an additional$50,000 if studies indicate additional transportation improvements are necessary or if the Town prefers to use the funds for transit programs. • Trails connecting to Brookhaven • $5,000 per year for trail maintenance and management • $5,000 per year for each laboratory tenant • 10+10 EV Charger Stations • Solar PV canopy on the garage roof, if operationally and financially feasible Mr. Malloy stated the Planning Board unanimously approved of the project at their March 4, 2020 meeting. Ms. Barry asked why the sentence on page seven of the MOU, in Section VII-Sustainability which reads: "Furthermore, the Owner will review and evaluate the Project in comparison to the integrated building and design policy that has been adopted by the Sustainable Lexington Committee"has been added to the MOU. She said she feels it is not appropriate for the MOU as it is a joint policy of the Select Board and School Committee applicable to municipal and school buildings. Mr. Kevin Sheehan, Managing Partner, Greatland Realty Partner, explained BH GRP 1050 Waltham Owner LLC was looking for any suggestions of how to convey their commitment to sustainability in the MOU. He said it was a recommendation from the Town's Sustainability Committee to include a sentence in the MOU that BH GRP 1050 Waltham Owner LLC would use the integrated building and design policy as a guide. After Board discussion, it was agreed to amend the sentence to accurately reflect the policy in the MOU to now read: Integrated Building and Construction Policy that has been adopted by Select Board and School Committee. Mr. John Howard, Resident of Brookhaven, expressed concern regarding the maximum height of the proposed building and concern of shadowing effects upon Brookhaven. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Memorandum of Understanding between the Town of Lexington and BH GRP 1050 Waltham Owner LLC as amended. 18.Discuss WWII Memorial Plaque for Cary Memorial Building The Board reviewed the Citizen World War II Commemoration Group's request that a memorial plaque be allowed to be installed in Cary Memorial Building (next to the existing World War I memorial plaque)to recognize the 62 Lexingtonians who died in Service in World War II. The Town's Monuments and Memorial Committee submitted a memo recommending proceeding with the commemoration plaque and temporary plaque. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve proceeding with a plaque as recommended by the Monument and Memorial Committee for the placement of a plaque in the Cary Memorial Building with the names of 62 Lexingtonians, all residents of Lexington at the time of their enlistment, who died in service in World War II and that such plaque be installed in the Cary Memorial Building to serve as an appropriate companion piece to the existing World War I plaque and that said plaque be of comparable design, materials, and scale to the existing World War I plaque. The Committee further endorses the goal of placing a temporary"placeholder"plaque as part of the Memorial Day 2020 observance, with the formal dedication of the finished plaque to be held on Veterans Day,November 11, 2020. 14.Discovery Day Street Fair 2020 Request Upon a motion duly made and seconded, the Select Board voted 5-0 to approve restricting vehicular access in the following areas for the 415t annual Discovery Day Street Fair to be held on Saturday, May 23, 2020 from 6:00 a.m. to 5:00 p.m. on Massachusetts Avenue, from Waltham Street to Meriam Street(both sides); and Muzzey Street, from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve parking a flatbed truck,with a banner publicizing Discovery Day, in Lexington Center on Massachusetts Avenue in two metered parking spaces in front of Depot Square, starting on Friday,May 15, 2020 and ending at the conclusion of Discovery Day. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve free parking at the Central Business District parking meters,and not charge for parking in the Depot Lot on Discovery Day. These Select Board approvals for the 2020 Discovery Day Street Fair are subject to working out the details with the Town Manager's Office, Department of Public Works, and Lexington Police Department staff. 5. Board Participation in Discovery Day Street Fair 2020 Mr. Lucente said last year, the Board hosted a shared "Elected Officials"booth, along with the School Committee and the Planning Board at the Discovery Day Street Fair. The Board discussed and confirmed its desire to participate in the Saturday, May 23, 2020 Discovery Day program. The Board agreed to invite other elected boards to participate in this booth. 11.LexHAB Request for Use of Affordable Housing Stabilization Funds Under 2020 ATM Warrant Article 19 Mr. Malloy stated LcxHab has requested use of Affordable Housing Stabilization Funds that are derived from an annual payment from Brookhaven to use for upgrades to LexHab units. This is on the agenda for the Select Board to discuss this use of the Brookhaven funds. Mr. Robert Burbidge, Chair Lexington Housing Assistance Board(LexHab), stated that approximately 32 projects have been identified as needing upgrades for LexHab units, such as new flooring,roofing, carpet, flooring repairs,replacements, which fall within the definition of a capital improvement. Select Board members expressed that they feel requests such as this should be submitted more formally. Ms. Barry read letter which was emailed to her by Mr. Bob Pressman which included the following statement: "Please provide a clear explanation of the public processor in detail the other process deemed lawful by which the proposed recipient of the first Brookhaven payment was identified. If that step has occurred, if it has not occurred, how and when will that determination be made before town meeting? General Board discussion ensued. The Board expressed support for LexHab's request to use Affordable Housing Stabilization Funds. Mr. Malloy said the request would be placed on an upcoming Board agenda for a Board vote. 12.2020 Annual Town Meeting • Update Article 28-Amend General Bylaw-Noise Control Citizen Petition. Ms. Varda Haimo presented a proposed motion for Article 28-Amend General Bylaw-Noise Control Citizen Petition. Ms. Haimo stated the proposed motion requests the bylaw be amended by inserting § 80-8 Noise Mitigation Plan for Construction. Ms. Haimo stated a new section being proposed for Noise control would implement a requirement for submission of a noise mitigation plan prior to the issuance of a building permit for construction projects in residentially zoned areas where the project entails rock removal with heavy machinery, including ledge removal,rock pounding, rock crushing,rock drilling or rock cutting; and such activities are forecast to take place on more than fifteen days over the course of the project. • Review Draft Select Board Report. The Board reviewed the draft Select Board Report to Annual Town Meeting. Ms. Barry will write an update regarding the Center Streetscape project and submit it to the Select Board Office staff for inclusion into the draft report. The updated draft report will be included on the March 16, 2020 Board agenda for approval. • Annual Town Meeting Article Discussion/Positions/ The resulting chart from the Board position discussion for the 2020 Annual Town Meeting articles is appended to the end of these minutes. 1. Select Board Committee Appointments • Lexington Council for the Arts Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint Shalim Kakar to the Lexington Council for the Arts with a term expiration date of September 30, 2022. • Historic Districts Commission Associates Ms. Hai recused herself for the discussion and appointment for the open Historic Districts Commission Associate member position as she has a family member applications is being considered. Upon a motion duly made and seconded, the Select Board voted 4-0 to appoint Daniel Hisel to Historic Districts Commission Associates to the unexpired term ending December 31, 2022. Ms. Hai rejoined the meeting. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:14 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Position as of March 9, 2020 for 2020 Annual Town Meeting ARTICLES SELEC IP CNS DL JP S J M T NT B H S BOAR D PRSNT R AT ATM DL Y W W Article 2 Select Board Report Article DL Y Y Y Y Y 4 Appropriate fy2021 operating budget Article Appropriate fy2021 enterprise funds MS Y Y Y Y Y 5 budgets Article Establish qualifications for tax deferrals JP Y Y Y Y Y 6 Article Petition general court to amend legislation JP Y Y Y Y Y 7 regarding tax deferrals Article JH W Y Y W Y 8 Short term rental impact fee Article Establish and continue departmental JH Y Y Y Y Y 9 revolving funds Article Appropriate the fy2021 community 10 Preservation committee operating budget and cpa projects a) Archives &Records CNS Y Y Y Y Y Management/Records Conservation& NT Preservation- $20,000 - consent b) Restoration of Margaret Lady of Y Y Y Y Y Lexington Painting- $9,000- c) Battle Green Master Plan-Phase 3- Y Y Y Y Y $317,044 d) Conservation Land Acquisition- IP JP IP CNS IP IP IP IP IP NT e) Daisy Wilson Meadow CNS Y Y Y Y Y Preservation- $22,425— consent NT Y Y Y Y Y f) Wright Farm Site Access Planning and Design- $69,000 g) Athletic Facility Lighting- Y Y Y Y Y $450,000 h) Park Improvements- Hard Court Y Y Y Y Y Resurfacing- Valley Tennis Courts- $100,000 i) Park and Playground Y Y Y Y Y Improvements- Sutherland Park- $95,000 j) Park Improvements- Athletic Y Y Y Y Y Fields- Harrington, Bowman, and Franklin Field- $370,000 k) Parker Meadow Accessible Trail Y Y Y Y W Construction- S551,026 1) Lexington Housing Authority- Greeley Y Y Y Y Y Village Community Center Preservation- $130,000 m) LexHAB- 116 Vine Street Design Y Y Y Y Y Funds- $100,000 n) CPA Debt Service- $3,016,730 - CNS Y Y Y Y Y consent NT o) Administrative Budget- $150,000 - CNS Y Y Y Y Y consent NT Article Appropriate for recreation capital projects 11 a) Pine Meadows Club House Y Y Y Y W Renovation SB CNS Y Y Y Y Y b) Pine Meadows Equipment- consent NT Article Appropriate for municipal capital projects 12 and equipment a) Ambulance Replacement Y Y Y Y Y b) Athletic Fields Feasibility Study Y Y Y Y Y c) Hydrant Replacement Program - CNS Y Y Y Y Y consent NT d) Storm Drainage Improvements and Y Y Y Y Y NPDES compliance CNS Y Y Y Y Y e) Sidewalk Improvements - consent NT f) Equipment Replacement Y Y Y Y Y g) Townwide Signalization CNS Y Y Y Y Y Improvements - consent NT CNS Y Y Y Y Y NT h) Street Improvements - consent i) New Sidewalk Installations Y Y Y Y Y JH CNS Y Y Y Y Y j) Transportation Mitigation- consent NT CNS Y Y Y Y Y NT k) Municipal Technology Improvement Program— consent CNS Y Y Y Y Y NT 1) Application implementation- consent CNS Y Y Y Y Y NT m) Phone Systems & Unified Communications - consent Article Appropriate for water system MS CNS Y Y Y Y Y 13 improvements - consent NT Article Appropriate for wastewater system MS CNS Y Y Y Y Y 14 improvements- consent NT Article Appropriate for school capital projects and SB Y Y Y Y Y 15 equipment Article Appropriate for public facilities capital 16 projects DL a) Police Outdoor/Indoor Firing W Y W Y W Range -Hartwell Avenue b) Center Recreation Complex Y Y Y Y Y Bathrooms &Maintenance Building Renovation c) Public Facilities Master Plan Y Y Y Y W d) LHS Science Classroom Space Y Y Y Y Y Mining e) Townwide Roofing Program Y Y Y Y Y f) School Building Envelopes and CNS Y Y Y Y Y Systems - consent NT g) Municipal Building Envelopes and CNS Y Y Y Y Y Systems - consent NT h) Facility and Site Improvements - CNS Y Y Y Y Y consent NT • Building Flooring Program • School Paving&Sidewalks Program i) Public Facilities Bid Documents - CNS Y Y Y Y Y consent NT j) Public Facilities CNS Y Y Y Y Y Mechanical/Electrical System NT Replacements- consent Art. 16 k) Westview Cemetery Building SB Y Y Y Y Y Cont. Construction Article Appropriate to post employment insurance JH Y Y R Y Y 17 liability fund SB CNS Y Y Y Y Y NT Article Rescind prior borrowing authorizations - 18 consent Article Establish, dissolve and appropriate to and JP Y Y Y Y Y 19 from specified stabilization funds Article Appropriate from debt service stabilization DL CNS Y Y Y Y Y 20 fund- consent NT Article Appropriate for prior years' unpaid bills MS Y Y Y Y Y 21 Article Amend FY2020 operating, enterprise and DL Y Y Y Y Y 22 CPA budgets Article Appropriate for authorized capital JH W W W W W 23 improvement Article Reduce legal expenses (citizen petition) SB N N N N N 24 Article DL W W W W W 25 Purchase of land/eminent domain Article Amend historic districts commission SB Y Y Y Y Y 26 enabling legislation Article Amend general bylaws-noise construction MS Y Y Y Y Y 27 limits Article Amend general bylaws-noise control JP W Y W Y W 28 (citizen petition) Article Declare climate emergency(citizen MS Y Y Y W Y 29 petition) Article SB W W W W W 30 Land exchange (citizen petition) Article Amend general bylaws-demolition delay DL 1P IP IP IP IP IP 31 (citizen petition) -IP Article Extend Hancock-Clark historic district DL IP IP IP IP IP IP 32 (citizen petition) -IP Article Amend general bylaws-running bamboo JP Y Y W Y W 33 control (citizen petition) Article Authorize special legislation-development JH W Y W W W 34 surcharge for community housing (citizen petition) Article Amend zoning bylaw-distance from DL Y Y Y Y Y 35 basement, slab or crawl space and groundwater JH Y Y Y Y Y Article Amend zoning bylaw-short term rentals 36 Article Amend zoning bylaw-site plan review JP W W W W W 37 Article Amend zoning bylaw-financial services SB Y Y Y Y Y 38 Article Amend zoning bylaw-solar energy systems MS W Y W W W 39 Article Amend zoning bylaw-wireless MS W Y W W W 40 communication facilities Article Amend zoning bylaw-technical corrections JH Y Y Y Y Y 41 Article Amend zoning bylaw and zoning map, JP Y Y Y Y Y 42 1040-1050 Waltham Street(owner petition) Article Amend zoning bylaw and map-Hartwell SB W W W W W 43 Avenue area(citizen petition) Article Amend the zoning bylaw and map- MS W W W W W 44 Bedford street near Hartwell Avenue (citizen petition) Article Amend zoning bylaw-front yard, DL Y Y W W W 45 transition, and screening areas (citizen petition) Article Amend zoning bylaw-gross floor area JH IP IP IP IP IP IP 46 (citizen petition) Select Board Meeting Monday, March 16, 2020 An Emergency meeting of the Lexington Select Board was called to order at 2:00 p.m. on Monday, March 16, 2020 in the in the Select Board Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Also present were Mr. Mina Makarious, Town Counsel, Anderson &Kreiger LLP; Ms. Deborah Brown, Town Moderator; and Dr. Julie Hackett, School Superintendent. This meeting was originally publicly posted for March 16, 2020 7:00 p.m. meeting and was reported as an Emergency meeting for March 16, 2020 to be held at 2:00 p.m. to include an additional Item: Emergency Response to Coronavirus (COVID-19). ITEMS FOR INDIVIDUAL CONSIDERATION 1. Emergency Response to Coronavirus (COVID-19) • Discuss Strategies, Implementation and Community Response action related to Covid-19 Guidelines and Directives Mr. Malloy reported that there are currently six presumptive positive Covid-19 cases in the Town of Lexington, sixteen are on quarantine and three are now off quarantine. Mr. Malloy read the following Public Health Information Bulletin dated March 16, 2020: Town Services/Operations: Schools, Library and Community Center and Temporary Visitors Center are closed to the public for three weeks (so that their schedules correspond). As of today's date, we are posting that all playgrounds will be closed and that residents may use parks at their own risk, we are emphasizing that this is not a Spring Break and residents,parents and students need to understand the risk of playing group sports. The reason schools are closed and many offices are closing is due to the risk of infection, created by close contact and group sports (note the MLB, NBA, NHL, NCAA, etc.) should not be played at this time. We will not be patrolling these areas, signage will be installed and caution tape will be put up around all playgrounds. The golf course remains open at this time, since these are small groups, but this may also change as the situation continues changing. As the Board is aware, all restaurants and bars have been ordered to not provide on-site service by the state. Our Board of Health is drafting a notice for restaurants and we will add verbiage for establishments licensed to sell alcohol and the notice will be hand delivered later today by the Police Department. The Economic Development Department is developing a resource guide for local businesses with information on assistance they may be eligible for. As part of the restriction on on-site service to restaurants, these restaurants are now able to provide pick-up and delivery services and we support and encourage residents to continue supporting local businesses. Human Services -The Human Services Department is continuing to provide social services to seniors (meals on wheels), veterans and counseling services. Counseling services are provided by appointment only and with appropriate precautions. Town Offices-In order to protect the public and our Town staff, the following town buildings will be closed to the public beginning on March 17, 2020: Library and Community Center (as stated above) through April 6, 2020 unless extended further. Town Office Building, Public Services Building (201 Bedford), Fire Station (173 Bedford), and Carey Memorial Building through April 6 unless extended further. We are asking that residents and/or businesses that need to conduct business with any Town Department, do so via email, electronic bill pay or electronic permitting. Should a resident or business need to contact a Town Department on a specific issue, we ask that they call the department to discuss their specific issue and that in person meetings be the last option. Residents may register to vote electronically. These buildings will be locked and available only to Town staff using their swipe cards. The Visitors Center will remain on track to be completed and the ribbon-cutting may occur as planned, but the Visitors Center will remain closed to the public while all other Town Buildings are closed to the public The Police Station will remain open to the Public for emergencies and staff will be physically separated from the public. All Public Bathrooms will be locked. Town Sta In order to maintain safe distances between staff and minimize potential infection, non-essential emergency staff and facilities staff will begin working on a M-W-FIT--TH schedule with 50% of staff being off at any point in time. After discussing the impact on staff, it is my recommendation as the Town Manager that regular permanent fidl-time and part-time staff continue to be paid on their regular basis. Full-time employees that voluntarily self-quarantine may utilize sick leave or vacation leave; employees that are tested and have a presumptive positive test that are required to be quarantined will be provided paid administrative leave until they are cleared to return to work. The DPF staff will continue to work M-F until all the schools are cleaned. The town custodial staff will continue to work M-F since these buildings are still open to staff(library, LCC, etc.). When the school buildings are fully disinfected and sanitized, DPF will begin the M-W-F/T- TH schedule. Public Salty The Town of Lexington has convened a group of municipal managers in the region to confer and agree upon a protocol to ensure that there is mutual aid available should any specific community not have sufficient staffing at any point to continue providing police,fire and EMS services. Town Meeting - The Governor has introduce legislation House Docket No. 4572 to provide guidance related to Town Meeting. Boards, Committees & Commissions The following Boards, Committees & Commissions will continue to meet via virtual meetings: Select Board, Appropriation Committee, Board of Assessors, Board of Health, Capital Expenditure Committee, Conservation Commission, Historic District Commission, Planning Board, School Committee, Zoning Board of Appeals, Retirement Board, Historic Commission Mr. Pato said he has heard from members of the community who are looking for ways they can help, such as running errands for those who cannot go out, and wondered if there would be any sort of municipal coordination for such effort. Mr. Malloy said that the Town is looking into ways to best communicate these resources to the community. Mr. Malloy stated he will continue to provide updates at the Select Board meetings regarding public health information and Town response actions related to Coronavirus (COVID-19). 2. 2020 Annual Town Meeting Mr. Lucente stated Town Meeting Planning Mr. Malloy provided the following highlights from the emergency legislation filed by the Governor that would make dealing with Town Meeting a little easier. A health emergency is added to the conditions that allow a Town Moderator to delay Town Meeting • The Select Board can delay Town Meeting beyond the end of the Fiscal Year. Updated information on COVID-19 in Lexington is available from the Office of Public Health at: https://Iexingtonma.gov/COVID19 • If Town Meeting has not completed and approved a budget by the end of the Fiscal year, the Town can spend 1/12'th of the previous fiscal year's budget each month until the emergency ceases and Town Meeting can approve a budget. • Expenses related to the outbreak of COVID-19 and the declaration of emergency can be paid for out of"free cash" until Town Meeting can pass a budget. Should the Legislature adopt these changes, the pressure to hold Town Meeting and set the FY21 budget is relieved. Ms. Brown stated that she is looking to hear feedback in regards to the postponement of Town Meeting in order for her to take the appropriate steps to arrange a postponement. Ms. Brown explained that the moderator has the ability to postpone Town Meeting under M.G.L. c. 39, § 10A for a period not to exceed 30 days and if needed she could issue and additional postponement. Dr. Hackett stated the school would be fine for a delayed Town Meeting. Mr. Makarious stated that under the current state of emergency it is feasible to consider remote participation for the Annual Town Meeting. The Board reached a consensus that they would prefer to see Town Meeting delayed and hoped that Town Meeting will be able to be held before the end of June. In addition the Board requested that efforts continue to obtain appropriate remote participation technology in the event it is not feasible to hold a traditional in-person Town Meeting before July 2020. Ms. Brown stated as she would issue the required statement to delay Town Meeting. 3. Update on Hazard Mitigation Plan Resolution Upon a motion duly made and seconded, the Select Board voted 5-0 the following: WHEREAS, the Town of Lexington established a Committee to prepare the 2019 Local Hazard Mitigation Plan Update; and WHEREAS, the Town of Lexington participated in the development of the Town of Lexington 2019 LOCAL HAZARD MITIGATION PLAN UPDATE; and WHEREAS, the Town of Lexington 2019 Local Hazard Mitigation Plan Update contains several potential future projects to mitigate potential impacts from natural hazards in the Town of Lexington, and WHEREAS, two duly noticed public meetings were held on June 13th, 2019 and July I Ith, 2019 for the public and municipality to review prior to consideration of this resolution; and WHEREAS,the Town of Lexington authorizes responsible departments and/or agencies to execute their responsibilities demonstrated in the plan, NOW, THEREFORE BE IT RESOLVED that the Town of Lexington Select Board formally approves and adopts the Town of Lexington 2019 Local Hazard Mitigation Plan Update, in accordance with M.G.L. c. 40. 4. Discuss Statement of Interest(SOI) for Lexington High School Project Dr. Julie Hackett reviewed the Statement of Interest (SOI) application to be submitted to the Massachusetts School Building Authority for funding support for the Lexington High School project. Dr. Hackett stated that in addition to the vote of the School Board, the SOI also requires the approval of the Select Board. Upon a motion duly made and seconded, and having convened in an open meeting on March 16, 2020 prior to the SOI submission closing date, the Select Board of Lexington, Massachusetts, in accordance with its charter, by-laws, and ordinances, has voted 5-0 to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated March 16, 2020 for the Lexington High School located at 251 Waltham Street which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future: priorities 1. Replacement or renovation of a building which is structurally unsound or otherwise in a condition seriously jeopardizing the health and safety of school children, where no alternative exists. 2. Elimination of existing severe overcrowding. 3. Prevention of the loss of accreditation. 4. Prevention of severe overcrowding expected to result from increased enrollments. 5. Replacement,renovation or modernization of school facility systems, such as roofs, windows, boilers, heating, and ventilation systems, to increase energy conservation and decrease energy-related costs in a school facility 7. Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements. and, hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City/Town/Regional School District to filing an application for funding with the Massachusetts School Building Authority. 5. Purchase of Real Estate- Review and Authorize Town Manager to Sign Purchase and Sale Agreement for Edison Way Parking Spaces Mr. Malloy stated the Town and the Historical Society have negotiated a sales price for the Historic Society owned portion of parking spaces on Edison Way adjacent to the Minuteman Commuter Bike Path. Upon a motion duly made and seconded, the Select Board voted 5-0 to authorize the Town Manager to execute the Purchase and Sale Agreement between the Town of Lexington and the Lexington Historical Society to purchase the property identified as Map 48, Lot 96 for $177,000. 6. Right of First Refusal- Belmont Country Club Ms. Hai recused herself as she is a member of the Belmont Country Club. Mr. Malloy state the Board previously reviewed and discussed the original notice and a number of items were identified to be corrected. The Attorney for the property owner made the corrections and Town Counsel has reviewed the packet and indicated that it's properly prepared and can be voted on. Mr. Malloy said the Planning Board and Conservation Commission both recommended that the Town not exercise its right of first refusal. Upon a motion duly made and seconded, the Select Board voted 4-0 to not exercise the Town's Right of First Refusal on the Belmont Country Club's property as described in Exhibit A and located on Assessors Map 3, lots 15 and 16. Ms. Hai returned to the meeting. 7. LexHAB Request for Use of Affordable Housing Stabilization Funds Under 2020 ATM Warrant Article 19 Upon a motion duly made and seconded, the Select Board voted 5-0 to recommend Article 19 appropriating 5111,000 from the Affordable Housing Capital Stabilization Fund to be used by LexHab for renovations to LexHab units. 8. Discuss 2020 Patriots' Day Scheduling Mr. Lucente stated there are events are being cancelled or postponed due to the Coronavirus and Lexington needs to consider whether to move forward with Patriots Day events or whether they should be postponed this year. General Board discussion ensued. Given the state of emergency, the risk of an event that would bring crowds into close proximity, and the additional burden on staff who are currently working on responding to the health emergency, the Board agreed to cancel the Patriots Day events scheduled for the weekend of April 20-23, 2020 in Lexington. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 3:50 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Meeting Friday, March 20, 2020 A remote webinar meeting of the Lexington Board of Selectmen was called to order at 9:00 a.m. on Friday, March 20, 2020 via Zoom remote meeting service. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen participated remotely, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Training Session for use of Zoom Video Conferencing Mr. Malloy stated that On March 12, 2020, Governor Baker issued an Executive Order modifying certain requirements of the Open Meeting Law, allowing public bodies to hold their meetings utilizing full remote participation to carry out their responsibilities in while adhering to public health recommendations regarding social distancing. Mr. Lucente provided an overview of features of using the Zoom remote webinar services and stated that, during the State of Emergency, Select Board remote meetings will be run in the same fashion as a the onsite Board meeting. He explained that members of the public can use their computer/tablet to view the meeting or phone to call in to the meeting utilizing the provided zoom meeting webinar id. He said the meeting access information for the public will be published at the bottom of the posted meeting agendas. Mr. Lucente said he will explain at the beginning of each meeting how residents, who have connected to the meeting via Zoom platform, can submit questions during public comment. Mr. Lucente stated that LexMedia will continue to record the Select Board meetings making them available to the public. ADJOURN Upon a motion duly made and by roll call vote, the Select Board voted 5-0 to adjourn the meeting at 9:30 a.m. A true record; Attest: Kim Katzenback Executive Clerk SELECT BOARD MEETING March 23, 2020 A remote participation meeting of the Lexington Board of Selectmen was called to order at 7:04 p.m. on Monday, March 23, 2020. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen participated via zoom video conference service, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Cleric. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Covid-19 Update - Discuss Strategies, Implementation and Community Response Actions Related to Covid-19 Guidelines and Directives Mr. Malloy stated that as of March 23, 2020 there are nine confirmed COVID-19 cases; twenty four residents under quarantine and three residents off quarantine in Lexington. Mr.Malloy provided the following highlights of the Town's response actions as of March 23,2020 related to COVID-19 Guidelines and Directives: Town/School Operations • Schools,Library, Community Center,Town Offices,Public Services Building,Fire Station and Cary Memorial Building, and Temporary Visitor Center remain closed to the public. • Playgrounds are closed and parks are closed to group sports. • Notices have been given to all restaurants and on premise license holders that they are not to serve on premises. • All daycare centers are closed as of March 22, 2020 and notice with the state order have been delivered to all daycare centers. • The Hartwell Avenue Compost Site will be Monday through Friday 7:30 AM to 3:00 PM. • The Lexington Board of Health ordered businesses such as nail salons, tattoo and body art parlors,hairdressers and barbers to be closed as it's not possible to conduct these businesses and maintain a safe social distance. • All public restrooms in Lexington remained locked. • As of March 15, 2020,the Police Department is suspending all night parking enforcement, enforcing hazardous parking only and suspending all meter enforcement through April 1, 2020. Town Staff • With the Governor's announced new executive order requiring non-essential staff to work from home,the Town of Lexington is preparing for most staff to begin working from home this Wednesday with no more than one person working in each office (with some exceptions) and police/fire on normal shifts and DPW remaining at half-staff on site. • Mr. Malloy said he will continue to regular, conference call each morning with the Senior Management Team and Health Officials to review the change in the number of local cases and discuss actions the Town is taking and to discuss any issues or concerns of various departments. Town Meeting • Mr. Malloy stated the Town Moderator has officially postponed Town Meeting until April 15, 2020 and will reassess as we get closer to this date. Boards/Committees • The following Boards, Committees & Commissions will continue to meet utilizing a remote meeting formats: Select Board; Appropriation Committee; Board of Assessors; Board of Health; Capital Expenditure Committee; Conservation Commission; Historic District Commission; Planning Board; School Committee; Zoning Board of Appeals; Retirement Board; Historic Commission; and Neighborhood Conservation Districts. 21. Annual Town Meeting Postponement-Designate a Local Public Safety Official to Submit Report to Attorney General Mr. Malloy stated that under the statute MGL Ch. 39, Sec. 10A.- Recession and Continuation of Town meeting due to public Safety Emergency paragraph (d), the Select Board is required to designate a Public Safety Official to notify the Attorney General within ten days of a postponement of Town Meeting. Upon a motion duly made and seconded,by roll call vote, the Select Board voted 5-0 to designate the Fire Chief as the Public Safety Official to notify the Attorney General for the purposes stated in MGL Ch. 39, Sec. 10A(d). ADJOURN Upon a motion duly made and by roll call vote the Select Board voted 5-0 to adjourn at 7:44 p.m. Attest: Kim Katzenback Executive Clerk Select Board Meeting April 6, 2020 A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on Monday, April 6, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai • Stated is National Public Health Week thanked all public health staff and our Board of Health. Mr. Pato • last Thursday night, the Vision 2020 Committee hosted a panel recognizing 20 years of working as a committee looking at the future for Lexington, a discussion and prognosis Mr. Lucente • The Human Services Department staff continues to meet weekly to discuss ways to help residents in need. Ms. Barry • An online donation link is now available online link for people who they want to donate to the Fund for Lexington, the donations made to this Fund between now and September 1, 2020 will be used to assist people who are having difficulties during this time. • Historical Society announced today that they will be posting a virtual Patriots Day on their website, which is www Lexington history.org. to watch past battle reenactments and parades, Tower ark reenactments and virtually tour their historic houses ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update- Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr. Malloy reported that as of April 6, 2020, there were 47 Confirmed Cases confirmed cases of COVID-19 reported in Lexington, 32 residents under quarantine and 44 residents off quarantine. Mr. Malloy reported the following response actions related to COVID-19 have been implemented since his March 30, 2020 update to the Board: Town/S cho of/Community: • The Hartwell Avenue Compost Site will be closed on Sundays for the time being with a schedule that will be Monday through Friday 7:30 AM to 3:00 PM. • The MDPH issued an order on 3/30/20 closing all lodging for business,vacation or optional travel and that hotels can only be used for essential reasons related to the current state of emergency. • Town Staff —We have established policies related to any staff that become sick with COVID-19 during this pandemic. As stated in previous reports, we continue to pay staff their full rate of pay. Town Meeting • We are continuing to prepare for a virtual Town Meeting which we anticipate will be scheduled shortly(currently April 15). Boards, Committees & Commissions • The following Boards, Committees & Commissions will continue to meet (virtual meetings): Select Board;Appropriation Committee;Board of Assessors;Board of Health; Capital Expenditures Committee; Conservation Commission; Historic District Commission; Planning Board; School Committee; Zoning Board of Appeals; Retirement Board; Historic Commission; Neighborhood Conservation District; and LexHab Board. As needed, will review whether other Boards or Committees could also start to meet in the coming weeks as they face issues that may be COVID-19 related. Financial implications • During the week of 4/6/20, the Town Manager, Assistant Town Manager for Finance and Budget Officer will begin reviewing the impact the virus is having on the economy and related impact on the Town budgets for both FY20 & FY21. 2. Discussion of Eversource Microgrid Proposed for Bedford Street Mr. Malloy stated that Eversource approached the Town with a proposal to create a micro-grid renewable energy source that would provide electricity into the grid under normal conditions and would provide an isolated micro-grid to a small area of town around the Fire Station providing power during extended outages to maintain a grocery store,pharmacy, a couple of restaurants, gas station and health care providers. The proposal is planned to be funded by Eversource at no cost to the Town with the prospect of future property tax revenues on the solar panels and structures. The proposal is also subject to legislative changes that are currently under consideration by the legislature but could also be accomplished as a pilot program under separate legislation. The Select Board was in agreement to authorize the Town Manager to work with Eversource, the local businesses and our legislators regarding a proposed microgrid by Eversource for Bedford Street. 3. 2020 Annual Town Meeting Article Discussions/Positions/Consent Agenda/Select Board Report • Discuss Planning for Town Meeting Mr. Malloy stated that the planning for a virtual Town Meeting is progressing. Staff are putting together presentations for those items that require presentations so that these can be posted online prior to the virtual Town Meeting to facilitate Town Meeting and voting. Mr. Malloy then provided the Board with following recommendations of moving ahead/reducing some appropriations for 2020 Annual Town Meeting and reserving some funds to appropriate at a fall town meeting: Article 17—This is the Other Post-Employment Benefits (OPEB)Article. This article seeks to appropriate $1,935,486 into the OPEB Fund. Mr. Malloy recommended that$750,000 is deposited into the OPEB Trust Fund. The remaining $1,185,486 which is transferred from the General Fund Free Cash and Water and Wastewater receipts may be deferred until the Fall Town Meeting when we have a clearer indication of the impact on the FY21 budget that the COViD-19 state of emergency may have on the FY21 budget. Article 19—There are four subparts for transfer in/out of specified stabilization funds. (a) This subpart of this Article seeks to transfer$1,773,062 into the Capital Stabilization Fund to offset future debt service costs. Of this amount $164,987 was to be appropriated from the tax levy and$1,608,075 was to be appropriated from General Fund Free Cash. Mr. Malloy said this may be deferred until the Fall Town Meeting to provide greater flexibility at the Fall Town Meeting once we're able to determine the impact of COVID-19 state of emergency may have on the FY21 budget. (b) This subpart of this Article seeks to transfer$3,500,000 out of the Capital Stabilization Fund to offset current debt service that is for projects excluded from Proposition 2'/2. While this amount can legally be deferred until the Fall Town Meeting, the budget and the tax rate impact has been built on this being used to reduce the impact of the FY21 debt service costs. Mr. Malloy recommended moving forward with sub-part(b) of this Article at the Annual Town Meeting. (c)(d) These two subparts of this Article are linked together. (c) Seeks to appropriate to the Affordable Housing Capital Stabilization Fund $111,922 from the Brookhaven annual payment. (d) Seeks to then appropriate $111,000 to LexHab for capital improvement projects at their properties. Mr. Malloy recommended moving forward with this Article for the Annual Town Meeting. The Board agreed with Mr. Malloy's recommendations. 0 Consent Agenda/Article positions The Board discussed the 2020 Annual Town Meeting consent agenda and article positions. The resulting chart is appended to the end of these minutes. • Discuss &Vote on Board Report to Town Meeting Board members were in agreement of the Select Board Report for Town Meeting as presented with some non-substantive edits to be posted online to be available for Town Meeting. Upon motion duly made and seconded,by roll call vote, the Board voted 5-0 to approve the Select Board Report to 2020 Annual Town Meeting subject to non-substantive edits. 4. Discussion on Appointment of User Representative to the Permanent Building Committee (PBC) for Police Station Project Mr. Malloy provided the Board a summary of Town Counsel's opinion regarding the appointing authority for a user representative to the Permanent Building Committee. In summary the opinion is, that when the Selectmen Town Manager Act and the Town Bylaws are read together, most Town owned buildings or structures are built but for the department, which in most cases falls under the Town Manager. In those cases the Town Manager would be the appointing authority for the user representative to the PBC for the building project. Mr. Malloy's stated he would like to have nominations from the Select Board for his consideration in the appointment of user representative to the PBC for the Police Station Project. The Board was in agreement to have each member submit nominations directly to Mr. Malloy. 5. Interim Reappointment of Town Counsel Mr. Malloy stated that per Section 90-24 of the Town's General Bylaws the appointment of Town Counsel is required to be made within 30 days of the Town election. The Town currently in the process of reviewing the submissions to the Request for Proposal for Town Counsel services and the Town will be conducting initial interviews shortly to provide the top three firms for the full Board to interview. The Town's current Town Counsel, Andersen&Kreiger, has agreed to move forward to serve as the Town of Lexington's counsel on a month-to-month basis until a determination is made. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5 -0 to appoint the firm of Anderson-Krieger for Town Counsel Services with Mina Makarious serving as Town Counsel to serve on a month to month basis. ADJOURN Upon a motion duly made and seconded, by roll call vote, the Select Board voted 5-0 to adjourn the meeting at 9:12 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions (as of 4/6/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles DL JP SB JH MS Article 2- Reports C C C C C Article 3- Cary Lecture Series C C C C C Article 4- Appropriate FY 2021 Operating Budget C C C C C Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6 - Establish Qualifications for Tax Deferrals C C C C C Article 7 -Petition General Court to Amend Legislation C C C C C Regarding Tax Deferrals Article 9 - Establish/Continue Departmental Revolving C C C C C Funds Article 10- Appropriate for Community Preservation C C C C C Committee (Articles I Oa thru 101 and IOn thru IOo only) Article 11 - Appropriate for Recreational Capital C C C C C Article 12- Appropriate for Municipal Capital and Equipment C C C C C Program Article 13 - Appropriate for Water System Improvements C C C C C Article 14-Appropriate for Wastewater System Improvements C C C C C Article 15 - Appropriate for School Capital and Equipment C C C C C Article 16b - Center Recreation Complex Bathrooms & C C C C C Maintenance Bldg Renovation Article 16c -Public Facilities Master Plan C C C C C Article 16d - LHS Science Classroom Space Mining C C C C C Article 16e - Townwide Roofing Program C C C C C Article 16f- School Building Envelopes and Systems C C C C C Article 16g- Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building C C C C C Flooring program and School Paving Program Article 16i-Public Facilities Bid Documents C C C C C Article 16j -Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17 - Appropriate to Post Employment Insurance C C R C C Liability Fund Article 18-Rescind Prior Borrowing Authorizations- IP IP, C IP, C IP, C IP, C IP, C Article 19- Establish, Dissolve, and Appropriate To/From C C C C C Stabilization Fund) Article 20- Appropriate from Debt Service Stabilization Fund C C C C C Article 21 - Appropriate for Prior Years Unpaid bills- IP IP, C IP, C IP, C IP, C IP, C Article 22- Amend FY 20 Operating, Enterprise, CPA budgets C C C C C Article 23 - Appropriate for Authorized Capital Improvements C C C C C Article 26- Amend Historic Districts Commission Enabling C C C C C Legislation Article 27 - Amend General Bylaws-Noise Construction C C C C C Article 30- Land exchange (Citizen) C C C C C Article 31 - Historic Preservation demo delay(Citizen)- IP IP, C IP, C IP, C IP, C IP, C Article 32- Extend Hancock-Clark Historic District (Citizen)- IP, C IP, C IP, C IP, C IP, C IP Article 46 - Amend zoning- Reduce GFA (Citizen)-IP IP, C IP, C IP, C IP, C IP, C Select Board Article Positions (as of 4/6/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles- Motion will state refer DL JP SB JH MS back to Planning Board Article 35 - Amend Zoning Bylaw- Distances from basement, RB RB RB RB RB slab or crawl space and groundwater Article 36- Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37 - Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38 - Amend Zoning Bylaw- Financial services RB RB RB RB RB Article 39 - Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40- Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB Facilities Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 - Amend Zoning Bylaw and Map-Hartwell Ave RB RB RB RB RB Area Article 44- Amend Zoning Bylaw and Map-Bedford St near RB RB RB RB RB Hartwell Ave Article 45 - Amend Zoning Bylaw-Front year, transition, and RB RB RB RB RB screening areas Motion will state refer back to Select Board DL JP SB JH MS Article 8 - Short term rental fee RB RB RB RB RB Article 24- Reduce Legal expenses (citizen) RB RB RB RB RB Article 28 - Amend general bylaws- (citizen) RB RB RB RB RB Article 29 - Declare climate emergence(citizen) RB RB RB RB RB Article 33 - Amend general bylaws-Running bamboo (citizen) RB RB RB RB RB Article 34- Amend special legislation surcharge- (citizen) RB RB RB RB RB Articles that are time sensitive DL JP SB JH MS Article IOm- LexHab-116 Vine St Design funds using CPA Y Y Y Y Y Article 16a-Police indoor/outdoor firing range* Y Y Y Y Y Article 16k- Westview Cemetery building construction Y Y Y Y Y Article 25 -Purchase of land(parking spaces) W W W W W Article 42 - 1050 Waltham st(developer) Y Y Y Y Y Select Board Meeting April 13, 2020 A remote participation meeting of the Lexington Select Board was called to order at 7:01 p.m. on Monday, April 13, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Hai and Mr. Sandeen participated remotely, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of malting a public comment. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai stated she and Mr. Lucente attended the Mass Municipal Association(MMA) remote meeting at which the MMA provided an update on COVID-19. Mr. Sandeen reported the Greenways Corridor Committee updated the Across Lexington Maps. He stated he participated in the MMA Policy meeting which was held remotely. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update - Discuss Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr.Malloy reported that as of April 13,2020 there are 139 confirmed cases of COVID-19 reported in Lexington. Mr. Malloy reported the following response actions related to COVID-19 have been implemented since his April 6, 2020 update to the Board: Town/School Operations: • Additional signs have been installed to inform residents that group activities fields and playing areas are prohibited. The police department will be conducting more frequent visits to these areas and will inform groups to disperse. • State issued new guidance this week limiting grocery stores to 40% of capacity. Lodging establishments may only be used for essential reasons related to the current state of emergency. • Construction activity around town has declined as some contractors, businesses or individuals have opted to temporarily halt construction and some unions are recommending their members stay home. • EL Harvey has indicated they will stop picking up bulky items until such time that the state of emergency ends. Town Staff • Policies have been established related to any staff that become sick with COVID-19 during this pandemic and or first responders. Town Meeting • Preparations continue for a virtual Town Meeting and plans are being made for presentations to be posted online and through LexMedia so that Town Meeting members still will have an opportunity to review those presentations prior to Town meeting beginning. Boards, Committees & Commissions • A training session for board and committee chairs on how to use Zoom meetings has been scheduled for this week. 4. Discuss Extension of Property Tax and Interest Due Dates Due to State of Emergency Mr. Malloy stated Massachusetts H4598 (Chapter 53 of the Acts of 2020 — An Act to Address Challenges faced by Municipalities and State Authorities resulting from COVID-19) provides the option for the Chief Executive Officers to determine whether to provide extensions on property tax due date to June 1, 2020; to delay the exemption and deferral date to June 1, 2020 and to waive interest for late payments after March 3, 2020 and to June 30, 2020. The Board stated they feel this recent legislation could be very helpful for residents in need. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve Section I0(a)(i) and I0(a)(ii)of Chapter 53 of the Acts of 2020 delaying the due date for property tax bills to be due from May 1, 2020 to June 1, 2020; to approve Section 10(a)(iv) of Chapter 53 of the Acts of 2020 delaying the due date for tax exemption and deferral applications from April 1, 2020 to June 1, 2020; and to approve Section 11 of Chapter 53 of the Acts of 2020 waiving interest and penalties for late payments of any excise, tax, betterment assessment, water or sewer use or other charges with a due date on, or after March 10, 2020, made after the respective due date but before June 30, 2020. 5. 2020 Annual Town Meeting- Article Discussions/Positions/Consent Agenda Mr. Malloy stated there are two proposed State legislation to address holding a remote Town Meeting. The first is a detailed draft of proposed legislation to authorize remote participation at Representative Town Meeting due to the COVID-19 emergency drafted by our Town Counsel with Bond Counsels and has been circulated among a number of communities (by Lexington). The second is a Home Rule Petition that would confirm the validity of actions taken at a remote Annual Town Meeting and a Special Town Meeting, as this would need to be placed on a Special Town Meeting. Ms. Brown, Town Moderator, stated she has formally further postponed the date for Town Meeting to May 13, 2020. Mr. Pato reported a technology plan for a virtual town meeting is currently under development and is expected to be a video meeting simulcast through LexMedia. He said the details are still being worked out,but the plan is to roll out the tools slowly over the next several weeks. First will be a small group including individuals with limited comfort with technology. Per-precinct sessions will follow to provide Town Meeting Members training on how to use the system.Finally, a practice full session would be held to provide the Moderator with an opportunity to see how the controls work with 200 members participating. Ms.Axtell stated that motions,presentation materials and any live recorded presentations are planned to be made available by the beginning of May on the town's website for Town Meeting Members to review prior to Town Meeting. The Board reviewed the consent agenda. Ms. Axtell stated that Article 46 - Amend Zoning Bylaw- Reduce GFA (Citizen Petition) has been moved to the portion of the consent agenda to refer articles back to the Planning Board. The resulting Select Board positions chart is appended to the end of these minutes. Ms. Melinda Walker, 14 Larchmont Street, Precinct 8 Town Meeting Member, stated she feels Article lOm-LexHab-116 Vine Street design funds using Community Preservation Act funds should be put onto the consent agenda. 4. Applications: Change of DBA- CFHP The Hangar, LLC d/b/a Revolution Hall Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve the CFHP The Hangar,LLC applications for a change of D/B/A and to amend the 2020 All Alcohol Restaurant Liquor License and 2020 Common Victualler License to CFHP The Hangar,LLC d/b/a Revolution Hall, 3 Maguire Road. 5. Review Draft Letter in Support of the Application to the All-American Road Scenic Byway Designation The Board reviewed a draft letter to be sent in support of the application being submitted for designation of the Battle Road Scenic Byway as an All-American Road Scenic Byway. Mr. Lucente asked Board members to submit any edits to the Select Board office and the edited draft will be placed on the April 27, 2020 for review and approval. 6. Select Board Committee Mr. Lucente stated that Gordon Jones' term to the Registrar of Voters expired on March 31, 2020. The Republican and Democratic Town Committees submitted the following nominees • Gordon Jones -Nominee from Democratic Town Committee • Alan Seferian-Nominee from Republican Town Committee Upon a motion duly made and seconded,by roll call vote, the Select Board voted 4-0 to reappoint Gordon Jones to the Registrar of Voters for a term to expire March 31, 2023. CONSENT AGENDA 1. Approve and Sign Proclamations Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve the National Public Safety Telecommunicators Week Proclamation to be celebrated from April 12 to 18, 2020. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve National Library Week to be celebrated from April 19 to 25, 2020. The proclamation that encourage all citizens to recognize the staff of the Cary Memorial Library and encourage all citizens to Library to take advantage of the wonderful library resources available. Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to approve Arbor Day proclamation which urges all citizens to support efforts to protect trees and woodlands and to support our town's urban forestry program and also to urge all citizens to plant and protect trees to promote the well-being of present and future generations ADJOURN Upon a motion duly made and seconded, by roll call vote, the Select Board voted 4-0 to adjourn the meeting at 8:30 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions (as of 4/13/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles DL JP SB JH MS Article 2-Reports C C C C C Article 3- Cary Lecture Series C C C C C Article 4-Appropriate FY 2021 Operating Budget C C C C C Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6- Establish Qualifications for Tax Deferrals C C C C C Article 7 - Petition General Court to Amend Legislation Regarding C C C C C Tax Deferrals Article 9-Establish/Continue Departmental Revolving Funds C C C C C Article 10 - Appropriate for Community Preservation Committee C C C C C (Articles 10a thru 101 and 1 On thru 10o only) Article 11 -Appropriate for Recreational Capital C C C C C Article 12-Appropriate for Municipal Capital and Equipment Program C C C C C Article 13 -Appropriate for Water System Improvements C C C C C Article 14-Appropriate for Wastewater System Improvements C C C C C Article 15-Appropriate for School Capital and Equipment C C C C C Article 16b - Center Recreation Complex Bathrooms & Maintenance C C C C C Bldg Renovation Article 16c-Public Facilities Master Plan C C C C C Article 16d -LHS Science Classroom Space Mining C C C C C Article l6e-Townwide Roofing Program C C C C C Article l6f- School Building Envelopes and Systems C C C C C Article l6g-Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 16i-Public Facilities Bid Documents C C C C C Article 16j - Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17-Appropriate to Post Employment Insurance Liability Fund C C R C C Article 18-Rescind Prior Borrowing Authorizations-TP TP, C IP, C TP, C IP, C IP, C Article 19- Establish,Dissolve,and Appropriate To/From Stabilization C C C C C Article 20-Appropriate from Debt Service Stabilization Fund C C C C C Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C Article 22-Amend FY 20 Operating,Enterprise, CPA budgets C C R C C Article 23 -Appropriate for Authorized Capital Improvements C C C C C Article 26-Amend Historic Districts Commission Enabling Legislation C C C C C Article 27-Amend General Bylaws-Noise Construction C C C C C Article 30-Land exchange (Citizen) C C C C C Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 32-Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Select Board Article Positions(as of 4/13/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles-Motion will state refer back to DL JP SB JH MS Planning Board Article 35 - Amend Zoning Bylaw- Distances from basement, slab or RB RB RB RB RB crawl space and groundwater Article 36-Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37- Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38-Amend Zoning Bylaw-Financial services RB RB RB RB RB Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40-Amend Zoning Bylaw-Wireless Communications Facilities RB RB RB RB RB Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB Article 44-Amend Zoning Bylaw and Map-Bedford St near Hartwell RB RB RB RB RB Ave Article 45-Amend Zoning Bylaw-Front year,transition, and screening RB RB RB RB RB areas Article 46- Amend zoning-Reduce GFA(Citizen) RB RB RB RB RB Motion will state refer back to Select Board DL JP SB JH MS Article 8- Short term rental fee RB RB RB RB RB Article 24-Reduce Legal expenses(citizen) RB RB RB RB RB Article 28-Amend general bylaws- (citizen) RB RB RB RB RB Article 29-Declare climate emergence(citizen) RB RB RB RB RB Article 33 -Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB Article 34- Amend special legislation surcharge-(citizen) RB RB RB RB RB Articles that are time sensitive DL JP SB JH MS Article 1 Om-LexHab-116 Vine St Design funds using CPA Y Y Y Y Y Article 16a-Police indoor/outdoor firing range Y Y Y Y Y Article 16k-Westview Cemetery building construction Y Y Y Y Y Article 25 -Purchase of land(parking spaces) W W W W W Article 42- 1050 Waltham Street(developer) Y Y Y Y Y Positions Chart Legend:C—In favor of article being on consent;RB—In favor to refer article back;Y—In favor of article; W—Wait for more information; R—Recused Select Board Meeting April 27, 2020 A remote participation meeting of the Lexington Select Board was called to order at p.m. on Monday, April 27, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai • Town of Arlington, Lexington and Concord and Minuteman National Park will hold a virtual community meeting on Thursday, April 30, 2020, 7:00 p.m. to discuss the process of the nomination of the Battle Road Scenic Byway for consideration as an all American Road. Mr. Pato • Reported he will be attending the Massachusetts Municipal Association Policy Committee meeting being held virtually on the subject of Public Works. Mr. Lucente • Stated the Lexington Food Pantry is in need of food including canned tuna fish, peanut butter, canned fruits and vegetables, dry pasta. Mr. Sandeen • The Greenways Corridor Committee is preparing to launch the across Lexington challenge this spring encouraging residents to walk all the way across Lexington trails. TOWN MANAGER REPORT Mr. Malloy announced Stella Carr will start on May 26, 2020 as the Sustainability Director and Sandhya Iyer will start in the next few weeks as the Economic Development Director. Mr. Malloy stated he is recruiting to fill the Chief Information Officer position which will now be known as Director of Innovation and Technology. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update - Discuss Strategies, Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr.Malloy reported that as of April 6,2020, there are 246 confirmed cases of COVID-19 reported in Lexington. Mr. Malloy reported the following response actions related to COVID-19 have been implemented since his April 13, 2020 update to the Board: Town/S chool/Community: • The Governor announced school would be cancelled for the remainder of the school year. • A drive thru COVID-19 testing site will be held on May 1, 2020 at the Lexington Elks Lodge being operated by Physicians One, which has coordinated with our Health Department, Fire Department, Police Department and Public Information Officer. Town Meeting • Preparations continue for a virtual Town Meeting anticipate will be scheduled sometime in early June. Presentations on those items that have been identified as appropriate, will be posted online through LexMedia on Youtube so that Town Meeting members will have an opportunity to review those presentations. Mr. Malloy thanked Mr. Pato, Mr. Lucente, and Ms. Deborah Brown, Town Meeting Moderator and Mr. Ben Moroze, Town Meeting Members Association President, for their efforts to keep this moving forward. Mr. Malloy stated the Town has been working with Representative Michelle Ciccolo and Senator Mike Barrett on moving HD5024 forward to allow remote Town Meetings as well as promoting it with the other 33 Towns with Representative Town Meetings. Further, Mr. Malloy reported preparations are being made to have a Special Town Meeting with one article that would validate actions taken by a remote Town Meeting. Boards and Committee • Mr. Lucente and Mr. Malloy hosted a training session to committee chairs on how to execute a virtual meeting. Starting this upcoming week, some additional Boards and Committees will be meeting virtually, Financial implications • The Finance Team has been working towards providing best estimates regarding the fiscal implications of the COVID-19 virus on the Town's budget. Initial analysis estimates that the net impact on the budget will be negligible, however the impact on the revenue side of the ledger will be of greater impact. 2. Discuss Scheduling of May Events (i.e. Memorial Day, Discovery Day Events) Ms. Lorain Marquis, Town Celebration Committee Chair, stated that in light of the Coronavirus, the Town Celebrations Committee live Memorial Day events will not be held in 2020. The Committee will look into ways to offer virtual options to commemorate Memorial Day. Mr. Lucente stated the Lexington Retailers Association has decided to cancel the Discovery Day activities originally scheduled in May 2020. The Lexington Retailers Association would like to consider scheduling the event later to be held later this year if possible. The Board discussed the need to cancel all public events through the end of May including the Memorial Day celebrations to maintain public safety. The Town Manager confirmed that his office has cancelled all events under his purview through the end of May. Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to cancel all public events under the Board's purview through the end of the Month of May due to the Coronavirus. 22. Accept and Sign Conservation Easement- Liberty Ridge (Grove Street Development) Mr.Malloy stated this amended and restated Grant of Easement is the result of recently discovering that North Shore Development recorded the Grant of Easement to the Town of Lexington, acting by and through its Conservation Commission, without having the Select Board and Conservation Commission approve/accept it. The Grant of Easement was a requirement of the Planning Board's Liberty Ridge Balanced Housing Development Special Permit and is shown on the enclosed referenced plan titled "Property Rights & Dimensional Standards Plan" dated 9/12/2017 and recorded as Plan 1009 of 2017. The easement goes down the new Jefferson Drive sidewalk and crosses Jefferson Drive and travels between units 4 and 5, and then along the wetland buffer zone connecting to the narrow strip of land owned by the Lexington Conservation Commission along the Burlington Town-line/Burlington's Landlocked Forest Parcel. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the amended and restated Grant of Easement between North Shore Residential Development, Inc., as grantor, and the Town of Lexington, acting by and through its Conservation Commission, as grantee, substantially in the form presented at the April 27,2020 meeting of the Select Board,with final changes to be approved by the Town Manager in his reasonable discretion in consultation with town counsel; and further to authorize the Town Manager to execute and accept said amended and restated Grant of Easement on behalf of the Select Board. 4. 2020 Annual Town Meeting • Discuss and Call Special Town Meeting Mr. Malloy reviewed a draft warrant for a Special Town Meeting which includes an article that would provide the authority for the Select Board to submit a Home Rule Petition for special legislation to confirm the validity of any action of the Annual Town Meeting if needed in the event the proposed bill by Representative Ciccolo does not pass or does not pass in time. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve to set a Special Town Meeting on June 1, 2020 and to close the Town Meeting warrant with the one article as proposed. • Update on Town Meeting Plans Mr. Pato reported on the state of the technology/operational plan for a virtual town meeting. He then proceeded to demonstrate the current state of the Virtual Town Meeting portal and responded to questions. He said the plan remains to begin small group testing the first week of May 2020 followed by larger per-precinct meetings the following week and finally a full mock town meeting with all members attending to provide the Moderator and staff practice with a large-scale meeting with around 200 attendees later in May. 23. Discuss Food Waste Working Group Mr.Malloy stated that in response to the food waste discussion at a previous Select Board meeting, he plans to create a Town Manager Working Group to discuss the issue and bring back recommendations to the Board. The Working Group would consist of: Robert Beaudoin, Superintendent of Environmental Services, David Pinsonneault, DPW Director, two (2) Sustainable Lexington Waster Reduction Task Force/Green Team Members; two (2) At large Citizens; a Select Board Member and Sean Dugan,Public Information Officer Mr. Malloy said the charge would be to determine what educational material and information is needed; determine the avenues for getting the material and information to the public; discuss home composting and curbside food waste collection; make recommendations reporting back to the Select Board. The Board concurred with this proposal. 19.Discuss Pole Hearing Process Mr. Malloy stated that as the Board may recall, there was a significant discussion during the pole hearing on Lincoln Street about developing a guideline for the Board to follow. Town Counsel is working on a guideline that will be available before the next pole hearing which is on May 4,2020. General Board discussion ensued regarding the usefulness of guidelines for how to respond to pole requests, including setting expectations for resolving double pole issues, old wires left hanging or wrapped around a pole, safety of nearby poles, and possibly aesthetics of the requested pole installation. Mr. Malloy stated he will include a set of general guidelines from Town Counsel on the next agenda for what is in the within the scope of Board of pole hearings. 20.Approve Letter of Support of the Application to the All-American Road Scenic Byway Designation Mr. Lucente stated that edits suggested at the Board's review of the first draft letter at the April 13, 2020 meeting have been incorporated for review. The Board is being asked to review and approve the attached letter to be sent to the Federal Highway Administration in support of the application being submitted for designation of the Battle Road Scenic Byway as an All-American Road Scenic Byway. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the letter as proposed to be sent to Federal Highway Administration in support of the application being submitted for designation of the Battle Road Scenic Byway as an All-American Road Scenic Byway. 15.Approve Limousine License Renewals Upon a motion duly made and seconded, by roll call, the Select Board voted -0 to approve the applications and issue two (2)renewed Limousine Licenses to Boyadjian Limousine Service, 447 Lowell Street,one(1)renewed Limousine License to D&O Limo LLC,3402 Main Campus Drive., and one (1)renewed Limousine License to Fusco Enterprises LLC, 37 Woburn Street. 16.Approve and Sign Proclamations Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the International Compost Awareness Week proclamation to recognize the efforts of the soil conservation stewards,householders,landscapers, farmers,recyclers,public workers, composters, gardeners, and plant growers everywhere; .and to approve and sign the Mental Health Month proclamation to recognize Mental health as an important factor in every individual's overall physical health and emotional well-being. ADJOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 8:49 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Meeting May 4,2020 A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday,May 4, 2020 via Zoom remote meeting services. Mr. Lucente, Chair;Mr.Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager;Ms.Axtell,Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucerne stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr.Lucente provided instructions to members of the public,who were watching or listening to the meeting via the Zoom application,regarding the procedure of making a public comment. SELECTMAN CONCERNS AND LIAISON REPORTS Ms. Hai • Reported the application to designate the Battle Road Scenic Byway as an All American Road has been submitted to Massachusetts Department of Transportation (MassDOT) for review. Once through MassDOT review,it will be filed to the Federal Highway Administration for consideration. Mr. Pato • Reported he, Dr. Julie Hackett, Ms. Sara Cuthbertson and P.K Shui were judges for the project based learning event Lexhack for Covid-19. Participating students developed and presented their solutions on how to address the COVID-19 pandemic in order to help the community. All the submission were creative and well thought out. High School first place winner Linda Kebichi created Lex Eat Local Business App; Middle School First Place winner Sishir Mahavadi created an Innovative face mask and shield design and Elementary School Frist place winner team(Mohita Chepeni, Tasheen Kashem, Srutika Macha, Henry Sayre, and Julian Sun) created and EV3 Robot to water plants. Mr. Lucente • Announced David Horton,who has graciously served on the Minuteman School Committee for the past twelve years,will be completing his term that expires June 30,2020 and not seeking renewal. The Select Board will be advertising this open seat on the Minuteman school committee to be appointed by the Select Board. Ms. Barry • Attended the Board of Health virtual May 1, 2020 meeting as the liaison to Recreation. She said Ms. Battite, Director of Recreation, will continue to share the guidance with the Board of Health that Recreation is getting in terms of what's happening in the state,region and country regarding of status camps and pool openings due to COVID-19. • Announced May 4, 2020 is International Fire Fighters Day. On behalf of the Board, Ms. Barry thanked all Lexington Firefighters for their service. Mr. Sandeen • Attended the Board of Health virtual May 1, 2020 meeting as Select Board liaison to Board of Health. TOWN MANAGER REPORT Mr.Malloy reported the bill that introduced by Representatives Ciccolo is currently sits with the Committee on Municipalities. In the meantime, a similar bill was introduced in the Senate,which is Senate Bill 2673, which contains language from the Representative Ciccolo's bill,and also includes language for open town meetings. This Senate Bill has made it through the entire Senate in lightning speed and hopefully will move very rapidly onto the governor's desk. if this bill passes in a timely fashion,it would negate the need for the Town of Lexington's 2020 Special Town Meeting-1. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update-Discuss Strategies,Implementation and Community Response Actions Related to COVID-19 Guidelines and Directives Mr. Malloy stated that as of May 4, 2020, there were 272 confirmed cases of COVID-19 reported in Lexington. Mr.Malloy reported the following response actions related to COVID-19 have been implemented since his April 27, 2020 update to the Board: Town/School/Community: The Governor established a public/private task force to provide recommendations on May 18, 2020 on how/when the state should begin to re-open non-essential businesses All of our Police/Firefighters that were out due to either exposure or positive tests from COVID-19 have returned to work. Mr. Malloy stated he created an internal Return to Work Task Force, which consists of one staff member from each building and two members of our Millennial Work Group, that will be working with the Health Department and Senior Management Team.The Return to Work Task Force will be meeting weekly starting next week. Additionally, policies have been established regarding vacation carry-over for essential employees and Senior Management Team members that are unable to utilize any vacation time during the state of emergency and requiring that all other employees begin using some of their accrued vacation Town Meeting 2020 Annual Town Meeting is anticipated to start in early June and preparations for a virtual 2020 Town Meeting continue. Mr. Pato has drafted a User's Guide for participation in a remote Town Meeting. In addition a Q &A site to be used during Town Meeting, has been created for Town Meeting members and members of the public can submit questions. Boards, Committees&Committees Additional Boards and Committees have started meeting virtually for necessary meetings. Next, Dr. Wendy Heiger-Bernays, Lexington Board of Health Chair, highlighted some of the ongoing efforts of the Lexington Office of Public Health such as conducting clinical and demographic case interviews as required by Massachusetts Department of Public Health; explaining quarantine protocols, follow up on symptoms and testing as indicated,investigate clusters of cases and congregate living settings review and update infection control protocols with long term care facilities as their daily needs change; coordinate drive through testing events both in Lexington and notification of drive through testing events and other communities; following new developments on testing for the virus as we move forward with updating screening protocols and develop communication and guidance documents for the recommendations to the Board of Health on needed advisories. 6. Discuss Pole Hearing Process Mr. David Horton, Andersen & Kreiger, stated that one of the topics that is entrusted to municipalities is regulating the location of utility poles, as detailed in G.L. c. 166, § 22, and the conditions under which utilities may bury underground utilities under public ways pursuant to G.L c. 166,§25. Section 22 provides that a company wishing to construct utility poles and lines "upon, along, under, or across" a public way must petition the Select Board,which in turn should hold a duly noticed public hearing. He said the Select Board may issue a Grant of Location specifying details like the location and material of poles and the number and height of lines.In addition, G.L. 164, § 25 allows the Board to adopt"reasonable regulations" concerning the erection of electric lines or the digging of underground conduits. The Select Board reviewed the below list of the issues provided by Anderson&Kreiger to be a guide for the Select Board's review in Grant of Location hearings: Issues Town Can Address in Grants of Location Aesthetic Concerns/Bundled Wires. Adequacy of renderings and engineering plans. Provisions for review of constructed work and construction practices by qualified town staff or consultants. Standard construction conditions imposed on other activity in town: Limitations on hours/dates of work,traffic management,health and safety protocols,and access to emergency contacts for the Town and affected residents. Insurance requirements to protect Town property. Preservation of public and private property,and restoration of damaged property. Town accommodations: For example, the Town may address particular requirements for laydown areas or removal and replacement of town facilities such as parking meters. Assignability of Grant of Location. Consistency of the proposed project with zoning,wetlands,and other applicable requirements. Removal of unused poles for safety reasons. Coordination with other projects along the same right of way. Issues the Board Typically Should NOT Address in a Grant of Location Financial benefits to the utility of an application. Need for the utility service(e.g.,climate change impacts,redundancy of service). Corporate integrity or reputation of the applicant. Concerns associated with utilities other than the applicants' Double poles(erecting a pole next to an old or defective pole without taking down the old pole). Radiofrequency/electromagnetic emissions from utilities. Requests for"mitigation"not tied to the project. The Board was in agreement to have Mr. Malloy draft a Select Board Grant of Location Policy based on the suggested guidelines from Anderson&Kreiger as well as the Board's feedback. Mr. Malloy stated he would draft a policy for the Boards consideration at a future meeting. 7. Grant of Location for Verizon Pole-Emerson Road Mr. Lucente opened the hearing at 8:17 p.m. Mr. Ross Bilodeau, Verizon Representative, stated Verizon and Eversource submitted a petition to install one(1)JO(jointly owned)pole,P.372/1A,on the westerly side of Emerson Road at a point approximately 8 F southeasterly from the existing pole,P. 372/1 in order to provide new service to 290 Emerson Road. Mr. Sandeen asked if Verizon would remove the unused wires on four other poles located on the abutting properties. Mr. Bilodeau said Verizon would contact the parties who are responsible for the unused wires to inform them the Town requests the unused wires to be removed. Upon hearing no further comment,Mr. Lucente closed the hearing at 8:23 p.m. Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to approve one JO Pole identified as Pole P.372/1A approximately 81 feet southeasterly from the existing pole P.372/1 on Emerson Road as per VZ N.E. Inc. Plan No. 1A4N9HV Dated April 9, 2020 contingent that Verizon identify the owners of the unused wires and remove any unused wires which are theirs and make notification to other parties that unused wires be removed on the poles on the abutting properties. 7. Grant of Location for National Grid Main Extension-Watertown Street Mr. Lucente opened the hearing at 8:31 p.m. Ms. Mary Mulroney, National Grid Permit Representative, stated National Grid is seeking to install approximately 1,800 feet of new 6 inch main starting from the existing 6 inch main in the Watertown St to Frontage Rd(Rt.2) on-Ramp going down Watertown St to the proposed entry points at 55 Watertown St and 56 Watertown St. To service(Lot A)56 Watertown St.Installation of approximately 300 feet of 2 inch service extending from the proposed 6 inch main extension from Watertown St. Also, to service(Lot B)at 55 Watertown St. Installation of approximately 800 feet of 6 inch service extending from the proposed 6 inch main extension in Watertown Street.This request is to provide gas service to the National Development project at 55-56 Watertown Street. Mr. Ted Tye,National Development, said he and Mr. Steve Senna,National Development,were present at the meeting in support of National Grid's petition and to answer any questions the Select Board may have of National Development. Mr. Sandeen stated National Grid public records include a number of unfixed natural gas leaks in Lexington including one at 41 Watertown and 28 Watertown Street. Mr. Sandeen asked if National Grid would fix those leaks at the same time you're putting this service the area. Ms. Mulroney said that she would bring this concern to National Grid to see if it can be addressed. Upon hearing no further comment,Mr. Lucente closed the hearing at 8:44 p.m. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the gas connection as per the petition of National Grid for 55-56 Watertown Street as per plan GP-Lex-1325039- 20-107, as proposed. 5. Clarify Extension of Water and Sewer Interest Due Dates Due to State of Emergency Mr.Malloy stated a Department of Local Services(DLS)bulletin clarifies that a Town may choose to waive water and sewer interest and fees. The Town of Lexington bylaw's Section 107-4 states "All municipal charges and bills shall be due and payable within 30 days from the date of issue. Municipal charges and bills not paid on time shall thereafter bear interest on the unpaid balance at the rate of 14%per annum. The Board of Selectmen shall have the authority to abate any such interest charges, in whole or in part." Ms. Kosnoff explained that approving the motion before them today will allow the Treasurer to waive interest on water and sewer bills issued after March 10, 2020 which are paid by June 20, 2020, consistent with the vote already taken for property and excise tax bills. Water and sewer bills paid after June 30,2020 will accrue interest at 14%per annum. Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to abate any interest charges that are incurred on water and sewer bills issued after March 10,2020 and paid by June 30,2020. 6. Water and Sewer Abatement Appeal- 19 Robinson Road Mr. Pinsonneault, DPW Director, stated the owners of 19 Robinson Road appealed to the DPW Director and Town Manager for large water and Sewer charges. Mr. Pinsonneault noted there are currently eight water/sewer bills are outstanding.Mr.Pinsonneault,DPW Director stated there are many factors that led to the large water bills at 19 Robinson Road,including an underestimating meter and a false assessment of the meter overestimating use. Mr. Pinsonneault said that if the resident would agree and pay $1,593.72 of historical owed charges and continue to pay water bills moving forward, he recommend abating the balance of $55,385.27 which includes interest. Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to approve an abatement on the water and sewer bill in the amount of$55,385.27 for 19 Robinson Road. 7. 2020 Annual Town Meeting • Update on Town Meeting Plans Due to COVID-19 pandemic, 2020 Annual Town Meeting is targeted to be held remotely beginning the first week of June 2020. Mr. Pato reported that remote participation training sessions have been scheduled for each individual precinct as well as an all-participant mini training session with all Town Meeting members. The training session will begin the week of May 11, 2020. In addition, Mr. Pato said a user's guide is being developed for the participants of Town Meeting. • Articles/Positions The Board discussed the consent agenda and article positions. The resulting chart is appended to the end of these minutes. Article 16a-Police indoor/outdoor firing range Mr. Sandeen stated he thought the motion for Article 16a was to contain contingency of a grant being received and a business plan being submitted. Mr. Lucente asked the Board if they would like to see a motion for Article 16a updated to include the contingencies Mr. Sandeen mentioned. Ms. Barry and Mr. Pato recalled there was an article from a previous Town Meeting that sought funds for school renovation which contained contingencies in the motion related to the release of those funds. The Board asked Mr.Malloy to look at that motion as reference and to update the motion for Article 16a to include appropriate contingencies regarding receipt of a grant and business plan. Mr. Sandeen stated he would be a wait for his position on Article 16a until he reviews a revised motion. Article 19b-Appropriate to the Affordable Housing Capital Stabilization Fund,from the Aff"ordable Housing Special Revenue Fund and 19c-Appropriate from the Affordable Housing Capital Stabilization Fund to fund renovations and capital improvement projects at properties in the Town's affordable housing inventory. Mr. Lucente stated that Ms.Brown,Town Moderator,informed him that the votes of the Capital Expenditure Committee and the Appropriation Committee respectively were not unanimous to have Article 19b and 19c to be on the consent agenda,therefore these articles need to be taken off the consent. The Board updated their positions and voted in support of Article 19b and 19c to be taken up individually at 2020 Annual Town Meeting with the motion to stay as proposed. 8. Approve Limousine License Renewal Upon a motion duly made and seconded,by roll call, the Select Board voted 5-0 to approve the Limousine License renewal application and issue one (1) renewed Limousine License to MN Black Car, LLC, 425 Woburn Street. CONSENT AGENDA 1. Approve and Sign Proclamations The Board is being asked to sign the following proclamations: National Police Week and Peace Officers Day. National Police Week is being celebrated this year from May 10 - 16, 2020 and encourages all citizens to join in recognizing law enforcement officers. Peace Officers Memorial Day is celebrated May 15, 2020 in honor of law enforcement officers who have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty. This request includes lowering the Battle Green flag on May 15, 2020. National Public Works Week.National Public Works Week is being celebrated this year from May 17-23, 2020 and encourages all citizens to join in recognizing the employees of the Lexington Department of Public Works for their hard work and dedication to the Town. Upon a motion duly made and seconded, by roll call vote,the Select Board voted 5 -0 to approve and sign the following proclamations: National Police Week-Peace Officers Day and National Public Works Week. Ms.Barry recused herself from the Executive Session as her husband is an employee and exited the meeting. AJDOURN and EXECUTIVE SESSION Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 by roll call to adjourn the open session portion of this meeting at 9:28 p.m. and go into Executive Session. under exemption three to discuss strategy with respect to collective bargaining related to Lexington Department of Public Works Union at 9:35 p.m. Further, Mr. Lucente declared that an open meeting may have a detrimental effect on the negotiating position of the Town. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions (as of 5/4/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles DL JP SB JH MS Article 2-Reports C C C C C Article 3- Cary Lecture Series C C C C C Article 4-Appropriate FY 2021 Operating Budget C C C C C Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6- Establish Qualifications for Tax Deferrals C C C C C Article 7-Petition General Court to Amend Legislation Regarding C C C C C Tax Deferrals Article 9-Establish/Continue Departmental Revolving Funds C C C C C Article 10- Appropriate for Community Preservation Committee C C C C C (Articles 1Oa thru 101 and 1 On thru too only) Article 1 1 - Appropriate for Recreational Capital C C C C C Article 12-Appropriate for Municipal Capital and Equipment C C C C C Program Article 13 - Appropriate for Water System Improvements C C C C C Article 14-Appropriate for Wastewater System Improvements C C C C C Article 15-Appropriate for School Capital and Equipment C C C C C Article 16b-Center Recreation Complex Bathrooms & C C C C C Maintenance Bldg Renovation Article 16c-Public Facilities Master Plan C C C C C Article 16d -LHS Science Classroom Space Mining C C C C C Article 16e-Townwide Roofing Program C C C C C Article 16f- School Building Envelopes and Systems C C C C C Article 16g-Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 16i-Public Facilities Bid Documents C C C C C Article 16j -Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17-Appropriate to Post Employment Insurance Liability C C R C C Fund Article 1 S-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C Article 19a- Appropriate from the Capital Stabilization Fund for C C C C C projects excluded from the limits of Proposition 2'/z Article 20-Appropriate from Debt Service Stabilization Fund C C C C C Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C Article 22-Amend FY 20 Operating,Enterprise, CPA budgets C C C C C Article 23 -Appropriate for Authorized Capital Improvements C C C C C Article 26-Amend Historic Districts Commission Enabling C C C C C Legislation Article 27-Amend General Bylaws-Noise Construction C C C C C Article 30-Land exchange (Citizen) C C C C C Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 32-Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 46- Amend zoning-Reduce GFA (Citizen)-IP IP, C IP, C IP, C IP, C IP, C Select Board Article Positions(as Of 5/4/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles-Motion will state refer DL JP SB JH MS back to Planning Board Article 35 -Amend Zoning Bylaw-Distances from basement, slab RB RB RB RB RB or crawl space and groundwater Article 36-Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37-Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38- Amend Zoning Bylaw-Financial services RB RB RB RB RB Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40-Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB Facilities Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB Article 44- Amend Zoning Bylaw and Map-Bedford St near RB RB RB RB RB Hartwell Ave Article 45-Amend Zoning Bylaw-Front year, transition, and RB RB RB RB RB screening areas Motion will state refer back to Select Board DL JP SB JH MS Article 8- Short term rental fee RB RB RB RB RB Article 24-Reduce Legal expenses(citizen) RB RB RB RB RB Article 28-Amend general bylaws- (citizen) RB RB RB RB RB Article 29-Declare climate emergence(citizen) RB RB RB RB RB Article 33 -Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB Article 34-Amend special legislation surcharge-(citizen) RB RB RB RB RB Articles that are time sensitive DL JP SB JH MS Article 1 Om-LexHab-116 Vine St Design funds using CPA Y Y Y Y Y Article 16a-Police indoor/outdoor firing range Y Y Y Y W Article 16k-Westview Cemetery building construction Y Y Y Y Y Article 19B—Appropriate to the Affordable Housing Capital Y Y Y Y Y Stabilization Fund,from the Affordable Housing Special Revenue Fund Article 19C-Appropriate from the Affordable Housing Capital Y Y Y Y Y Stabilization Fund to fund renovations and capital improvement projects at properties in the Town's affordable housing inventory Article 25-Purchase of land(parking spaces) W W W W W Article 42- 1050 Waltham st(developer) Y Y Y Y Y Select Board Meeting June 1, 2020 A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on Monday, June 1, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy,Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of malting a public comment. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2020 Annual Town Meeting & Special Town Meeting-Article Discussion/Positions 0 Article 11 -Appropriate for Recreational Capital Mr.Malloy stated he,the Assistant Town Manager for Finance and the Recreation and Community Programs Director recommend postponing the $100,000 in Article 11 (a) that was planned for the Pine Meadows Clubhouse renovation design and (b) $80,000 for the capital equipment for Pine Meadows by referring it back to the Select Board to bring it back at a future Town Meeting. The Select Board was in agreement to remove Article 11 off the consent and to add it to those articles recommended to be referred back to the Select Board. • Article 10M - LexHab-116 Vine St Design funds using CPA Mr. Malloy stated there may be a request submitted to split the Article 10 M motion into two motions for the funds, one for 75,000 and the other or 25,000. The 25,000 to be used to study whether the Hosmer House could be moved to this location. The Select Board was amenable if the motion should get split into two separate motions and said would keep their position of support for the Article 1 OM with one or two motions. • Article 19b—Proposed Resolution from Mr. Eric Michelson Mr. Lucente stated Mr. Eric Michelson will be submitting a proposed resolution to Article 19b to Town Meeting which asks that the affordable housing mitigation payment that comes from Brookhaven be used only towards creation of additional affordable housing units and not be used toward maintenance of affordable housing. Mr.Malloy explained the Memorandum of Agreement(MOA)between the Town and Brookhaven outlines how the calculation will be made for the mitigation funds and indicates how those can be used. Mr. Makarious, Anderson & Kreiger, Town Counsel, stated the first two sections in the MOU, clearly identify that the mitigation amount is based on the number of affordable units that Brookhaven might have had to build if it was if it was a private developer and going through regular zoning, for instance, and the impact on the Town denominator for chapter 40b purposes. However, the actual funding piece of the MOU says that the money will be used for affordable housing purposes. Mr. Makarious stated it is his opinion as the MOU is written it would be permissible to move the money that comes from Brookhaven into the affordable housing Capital Stabilization Fund and that fund can be used broadly to build new affordable housing, but it can also be used to renovate and repair and maintain existing affordable housing that the town owns including the LexHab units. He said the resolution being proposed is a non-binding and looks to limit the movement of the funds and the purpose for them. Upon discussion, the Select Board agreed that it is important to be able to adequately fund the maintenance of the Town's existing affordable housing units and therefore the Board was not in favor of the proposed resolution. The Board maintained their position for the original Article I9b motion. The resulting chart of the Select Board Annual Town Meeting article positions appended to the end of these minutes. AJDOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to adjourn the meeting at 6:40 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions (as of 6/1/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles DL JP SB JH MS Article 2-Reports C C C C C Article 3- Cary Lecture Series C C C C C Article 4-Appropriate FY 2021 Operating Budget C C C C C Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6- Establish Qualifications for Tax Deferrals C C C C C Article 7-Petition General Court to Amend Legislation Regarding C C C C C Tax Deferrals Article 9-Establish/Continue Departmental Revolving Funds C C C C C Article 10 - Appropriate for Community Preservation Committee C C C C C (Articles 1 Oa thru 101 and 1 On thru 1 Oo only) Article 12 - Appropriate for Municipal Capital and Equipment C C C C C Program Article 13 -Appropriate for Water System Improvements C C C C C Article 14-Appropriate for Wastewater System Improvements C C C C C Article 15 -Appropriate for School Capital and Equipment C C C C C Article 16b-Center Recreation Complex Bathrooms&Maintenance C C C C C Bldg Renovation Article 16c-Public Facilities Master Plan C C C C C Article 16d -LHS Science Classroom Space Mining C C C C C Article 16e-Townwide Roofing Program C C C C C Article 16f- School Building Envelopes and Systems C C C C C Article 16g-Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 16i -Public Facilities Bid Documents C C C C C Article 16j - Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17 - Appropriate to Post Employment Insurance Liability C C R C C Fund Article 18-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C Article 19a- Appropriate from the Capital Stabilization Fund for C C C C C projects excluded from the limits of Proposition 2'/2 Article 20-Appropriate from Debt Service Stabilization Fund C C C C C Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C Article 22-Amend FY 20 Operating,Enterprise, CPA budgets C C C C C Article 23 -Appropriate for Authorized Capital Improvements C C C C C Article 26 - Amend Historic Districts Commission Enabling C C C C C Legislation Article 27-Amend General Bylaws-Noise Construction C C C C C Article 30-Land exchange(Citizen) C C C C C Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 32-Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 46- Amend zoning-Reduce GFA(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Select Board Article Positions(as of 6/1/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles-Motion will state refer back DL JP SB JH MS to Planning Board Article 35-Amend Zoning Bylaw-Distances from basement, slab or RB RB RB RB RB crawl space and groundwater Article 36-Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37-Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38-Amend Zoning Bylaw-Financial services RB RB RB RB RB Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40 - Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB Facilities Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB Article 44 - Amend Zoning Bylaw and Map- Bedford St near RB RB RB RB RB Hartwell Ave Article 45 - Amend Zoning Bylaw-Front year, transition, and RB RB RB RB RB screening areas Motion will state refer back to Select Board DL JP SB JH MS Article 8- Short term rental fee RB RB RB RB RB Article 11 -Appropriate for Recreational Capital RB RB RB RB RB Article 24-Reduce Legal expenses (citizen) RB RB RB RB RB Article 28-Amend general bylaws-(citizen) RB RB RB RB RB Article 29-Declare climate emergence(citizen) RB RB RB RB RB Article 33 -Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB Article 34-Amend special legislation surcharge-(citizen) RB RB RB RB RB Articles that are time sensitive Presenter DL JP SB JH MS Article IOm-LexHab-116 Vine St Design funds using CPA JP Y Y Y Y Y Article 16a-Police indoor/outdoor firing range JH Y Y Y Y W Article 16k-Westview Cemetery building construction SB Y Y Y Y Y Article 19B — Appropriate to the Affordable Housing Capital MS Y Y Y Y Y Stabilization Fund, from the Affordable Housing Special Revenue Fund Proposed Resolution N N N N N Article 19C-Appropriate from the Affordable Housing Capital MS Y Y Y Y Y Stabilization Fund to fund renovations and capital improvement projects at properties in the Town's affordable housing inventory Article 25-Purchase of land(parking spaces) DL Y Y Y Y Y Article 42- 1050 Waltham st(developer) JP Y Y Y Y Y Select Board Meeting June 3, 2020 A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on Wednesday, June 3, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms.Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. ITEMS FOR INDIVIDUAL CONSIDERATION 2. 2020 Annual Town Meeting & Special Town Meeting-Article Discussion/Positions Article 1 Ok—Parker Meadow Accessible Trail Construction Mr. Lucente stated article lOk-Parker Meadow accessible trail construction project was removed from the consent agenda to be taken up individually at the 2020 Annual Town Meeting. Mr. Lucente reviewed the following motion: k)That$551,026 be appropriated for Parker Meadow Accessible Trail Construction, and to meet this appropriation $551,026 be appropriated from the Unbudgeted Reserve of the Community Preservation Fund All Board members were in support of Article 1 Ok Parker Meadow Accessible Trail Construction. Article IOM- LexHab-116 Vine St Design funds Mr. Lucente stated that following motion for article 1 Om may be split into two separate motions at Annual Town Meeting. m) That $100,000 be appropriated for LexHAB - 116 Vine Street Design Funds, and to meet this appropriation $75,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund and $25,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund; Mr. Malloy provided the following topline summary to the Board of his comments he will make at Town Meeting related to article IOm: The Hosmer House needs to be relocated due to the police station project and that Hosmer House Study Committee analysis indicated the highest and best use for the Hosmer House was to be a residence; The Study Committee's recommendation included relocating the Hosmer House in order to make improvements to Fletcher park to provide an improved amenity for the community. Mr. Malloy said he would also provide Town Meeting an update regarding the Hosmer House Request for Proposal process. The Board confirmed they continue to be in favor of Article 1 Om whether as a single motion or two separate motions. Article 16a-Police indoor/outdoor firing range Mr. Lucente stated that Town Meeting Member Wendy Reasenberg submitted to the Town Meeting Moderator a proposed amendment to refer back Article 16a to the Select Board. Upon Board discussion, Mr. Lucente, Mr. Pato, Ms. Hai and Ms. Barry stated they were not in favor of the proposed amendment to refer back article 16a to the Select Board. Mr. Sandeen stated he was in favor of the proposed amendment to refer back article 16a to the Select Board The Board confirmed Mr. Lucente,Mr.Pato,Ms.Hai and Ms.Barry were in support of the original motion for 16a- Police indoor/outdoor firing range rand Mr. Sandeen was not in support of the original motion for 16a. Article 19b -Proposed Amendment Resolution from E. Michelson The Board reviewed their prepared statement to be given at Annual Town Meeting regarding the Select Board's vote of 5-0 to oppose the passage of the proposed amendment to warrant article 19b. The resulting chart of Select Board positions is appended to the end of these minutes. AJDOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to adjourn the meeting at 6:23 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions (as of 6/3/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles DL JP SB JH MS Article 2-Reports C C C C C Article 3- Cary Lecture Series C C C C C Article 4-Appropriate FY 2021 Operating Budget C C C C C Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6- Establish Qualifications for Tax Deferrals C C C C C Article 7-Petition General Court to Amend Legislation Regarding C C C C C Tax Deferrals Article 9-Establish/Continue Departmental Revolving Funds C C C C C Article 10 - Appropriate for Community Preservation Committee C C C C C (Articles I Oa thru 101 and 1 On thru I Oo only) Article 12 - Appropriate for Municipal Capital and Equipment C C C C C Program Article 13 -Appropriate for Water System Improvements C C C C C Article 14-Appropriate for Wastewater System Improvements C C C C C Article 15 -Appropriate for School Capital and Equipment C C C C C Article 16b-Center Recreation Complex Bathrooms&Maintenance C C C C C Bldg Renovation Article 16c-Public Facilities Master Plan C C C C C Article 16d -LHS Science Classroom Space Mining C C C C C Article 16e-Townwide Roofing Program C C C C C Article 16f- School Building Envelopes and Systems C C C C C Article 16g-Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 16i -Public Facilities Bid Documents C C C C C Article 16j - Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17 - Appropriate to Post Employment Insurance Liability C C R C C Fund Article 18-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C Article 19a- Appropriate from the Capital Stabilization Fund for C C C C C projects excluded from the limits of Proposition 2'/2 Article 20-Appropriate from Debt Service Stabilization Fund C C C C C Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C Article 22-Amend FY 20 Operating,Enterprise, CPA budgets C C C C C Article 23 -Appropriate for Authorized Capital Improvements C C C C C Article 26 - Amend Historic Districts Commission Enabling C C C C C Legislation Article 27-Amend General Bylaws-Noise Construction C C C C C Article 30-Land exchange(Citizen) C C C C C Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 32-Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 46- Amend zoning-Reduce GFA(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Select Board Article Positions (as of 6/3/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles-Motion will state refer back to DL JP SB JH MS Planning Board Article 35 - Amend Zoning Bylaw- Distances from basement, slab or RB RB RB RB RB crawl space and groundwater Article 36-Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37-Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38-Amend Zoning Bylaw-Financial services RB RB RB RB RB Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40-Amend Zoning Bylaw-Wireless Communications Facilities RB RB RB RB RB Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB Article 44 -Amend Zoning Bylaw and Map- Bedford St near Hartwell RB RB RB RB RB Ave Article 45-Amend Zoning Bylaw-Front year,transition, and screening RB RB RB RB RB areas Motion will state refer back to Select Board DL JP SB JH MS Article 8- Short term rental fee RB RB RB RB RB Article 11 -Appropriate for Recreational Capital RB RB RB RB RB Article 24-Reduce Legal expenses(citizen) RB RB RB RB RB Article 28-Amend general bylaws- (citizen) RB RB RB RB RB Article 29-Declare climate emergence(citizen) RB RB RB RB RB Article 33 -Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB Article 34-Amend special legislation surcharge-(citizen) RB RB RB RB RB Articles that are time sensitive Presenter DL JP SB JH MS Article lOK -551,026 be appropriated for Parker Meadow JP Y Y Y Y Y Accessible Trail Construction Article 1 Om-LexHab-116 Vine St Design funds using CPA JP Y Y Y Y Y Article 16a-Police indoor/outdoor firing range JH Y Y Y Y N Proposed Amendment N N N N Y Article 16k-Westview Cemetery building construction SB Y Y Y Y Y Article 19B—Appropriate to the Affordable Housing Capital MS Y Y Y Y Y Stabilization Fund, from the Affordable Housing Special Revenue Fund Proposed Amendment Resolution from E. Michelson N N N N N Article 19C- Appropriate from the Affordable Housing Capital MS Y Y Y Y Y Stabilization Fund to fund renovations and capital improvement projects at properties in the Towns affordable housing inventory Article 25-Purchase of land(parking spaces) DL Y Y Y Y Y Article 42- 1050 Waltham st(developer) JP Y Y Y Y Y Select Board Meeting June 8, 2020 A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on Wednesday, June 8, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. Mr. Lucente explained that when this meeting was originally scheduled, it was not anticipated the Town Meeting would still be in session. Since the posted agenda contains more items than can be discussed in a one hour period, he recommended to take up the 2020 Annual Town Meeting and Special Town Meeting item followed by the Car Parade request item at tonight's meeting and the remaining items to be rescheduled to Wednesday, June 10, 2020. 3. 2020 Annual Town Meeting & Special Town Meeting-Article Discussion/Positions • Article 16a-Police indoor/outdoor firing range Mr. Lucente stated that in light of the immense community discourse related to the passing of Article 16a-Police indoor/outdoor firing range at the June 4,2020 Annual Town Meeting session, he would like propose that the Select Board move reconsideration of Article 16a at tonight's June 8, 2020 Town Meeting session. In addition, Mr. Lucente stated, if Town Meeting is willing to reopen 16A, then a recommended motion would be to indefinitely postpone the article would be put forth in order to allow for community conversation on the police indoor/outdoor firing range. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Select Board's position of moving reconsideration of Article 16a- Police indoor/outdoor firing range at the 2020 Annual Town Meeting and moving to indefinitely postpone article 16a if the motion to reconsider is approved. The resulting chart of Select Board positions is appended to the end of these minutes. Ms. Deborah Brown, Town Moderator, reviewed the process for moving reconsideration for Article 16a. Mr. Lucente asked Ms. Christina Marshall, Anderson Kreiger, to provide Town Council's advice is as it relates to Special Town Meeting and the Governor signing off on remote town meetings, retroactive remote town meetings bill. Ms. Marshall stated it that is Town Council's advice that Lexington to move forward tonight with the Special Town Meeting Article 1 - Petition General Court to Authorize Legislation for Remote Participation for 2020 Annual and Special Town Meetings as an additional assurance for to the bill for validity of actions taken at remote town meetings. Mr. David Kanter,48 Fifer Lane, expressed that he hopes social discussion is raised and the Police Station Firing Range Article be brought back to to fall Special Town Meeting. Ms.Donya Shavrini, 12 Smith Avenue, stated she and other concerned citizens are putting together a petition for the Select Board to reconsider article l6a-Police indoor/outdoor firing range. Ms.Arielle Rosker., 32 Saddle Club Road, expressed concern regarding the passing of article 16a- Police indoor/outdoor firing range. 4. Request for Car Parade- LexPride Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the request from LexPride to have Lexington Pride car parade on Sunday, June 14, 2020 as outlined in their letter dated May 21, 2020. AJDOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to adjourn the meeting at 6:57 p.m. A true record; Attest: Kim Katzenback Executive Clerk Select Board Article Positions (as of 6/8/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles DL JP SB JH MS Article 2-Reports C C C C C Article 3- Cary Lecture Series C C C C C Article 4-Appropriate FY 2021 Operating Budget C C C C C Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C Article 6- Establish Qualifications for Tax Deferrals C C C C C Article 7-Petition General Court to Amend Legislation Regarding C C C C C Tax Deferrals Article 9-Establish/Continue Departmental Revolving Funds C C C C C Article 10 - Appropriate for Community Preservation Committee C C C C C (Articles 10a thru 101 and l On thru 10o only) Article 12 - Appropriate for Municipal Capital and Equipment C C C C C Program Article 13 -Appropriate for Water System Improvements C C C C C Article 14-Appropriate for Wastewater System Improvements C C C C C Article 15 -Appropriate for School Capital and Equipment C C C C C Article 16b-Center Recreation Complex Bathrooms&Maintenance C C C C C Bldg Renovation Article 16c-Public Facilities Master Plan C C C C C Article 16d -LHS Science Classroom Space Mining C C C C C Article 16e-Townwide Roofing Program C C C C C Article 16f- School Building Envelopes and Systems C C C C C Article 16g-Municipal Building Envelopes and Systems C C C C C Article 16h- Facility and Site improvements-Building Flooring C C C C C program and School Paving Program Article 16i -Public Facilities Bid Documents C C C C C Article 16j - Public Facilities Mechanical/Electrical System C C C C C Replacements Article 17 - Appropriate to Post Employment Insurance Liability C C R C C Fund Article 18-Rescind Prior Borrowing Authorizations-IP IP, C IP, C IP, C IP, C IP, C Article 19a- Appropriate from the Capital Stabilization Fund for C C C C C projects excluded from the limits of Proposition 2'/2 Article 20-Appropriate from Debt Service Stabilization Fund C C C C C Article 21 -Appropriate for Prior Years Unpaid bills-IP IP, C IP, C IP, C IP, C IP, C Article 22-Amend FY 20 Operating,Enterprise, CPA budgets C C C C C Article 23 -Appropriate for Authorized Capital Improvements C C C C C Article 26 - Amend Historic Districts Commission Enabling C C C C C Legislation Article 27-Amend General Bylaws-Noise Construction C C C C C Article 30-Land exchange(Citizen) C C C C C Article 31 -Historic Preservation demo delay(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 32-Extend Hancock-Clark Historic District(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Article 46- Amend zoning-Reduce GFA(Citizen)-IP IP, C IP, C IP, C IP, C IP, C Select Board Article Positions (as of 6/8/20) Preparation for 2020 Annual Town Meeting* Potential Consent Agenda Articles-Motion will state refer back to DL JP SB JH MS Planning Board Article 35 - Amend Zoning Bylaw- Distances from basement, slab or RB RB RB RB RB crawl space and groundwater Article 36-Amend Zoning Bylaw- Short term rentals RB RB RB RB RB Article 37-Amend Zoning Bylaw-Site plan review RB RB RB RB RB Article 38-Amend Zoning Bylaw-Financial services RB RB RB RB RB Article 39-Amend Zoning Bylaw- Solar energy systems RB RB RB RB RB Article 40-Amend Zoning Bylaw-Wireless Communications Facilities RB RB RB RB RB Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB Article 43 -Amend Zoning Bylaw and Map-Hartwell Ave Area RB RB RB RB RB Article 44 - Amend Zoning Bylaw and Map- Bedford St near Hartwell RB RB RB RB RB Ave Article 45-Amend Zoning Bylaw-Front year,transition, and screening RB RB RB RB RB areas Motion will state refer back to Select Board DL JP SB JH MS Article 8- Short term rental fee RB RB RB RB RB Article 11 -Appropriate for Recreational Capital RB RB RB RB RB Article 24-Reduce Legal expenses(citizen) RB RB RB RB RB Article 28-Amend general bylaws- (citizen) RB RB RB RB RB Article 29-Declare climate emergence(citizen) RB RB RB RB RB Article 33 -Amend general bylaws-Running bamboo(citizen) RB RB RB RB RB Article 34-Amend special legislation surcharge-(citizen) RB RB RB RB RB Articles that are time sensitive Presenter DL JP SB JH MS Article lOK -551,026 be appropriated for Parker Meadow JP Y Y Y Y Y Accessible Trail Construction Article IOm-LexHab-116 Vine St Design funds using CPA JP Y Y Y Y Y Article 16a-Police indoor/outdoor firing range JH Y Y Y Y N Proposed Amendment N N N N Y Select Board Propose Reconsideration 6/8/20 Y Y Y Y Y Article 16k-Westview Cemetery building construction SB Y Y Y Y Y Article 19B—Appropriate to the Affordable Housing Capital MS Y Y Y Y Y Stabilization Fund, from the Affordable Housing Special Revenue Fund Proposed Amendment Resolution from E. Michelson N N N N N Article 19C- Appropriate from the Affordable Housing Capital MS Y Y Y Y Y Stabilization Fund to fund renovations and capital improvement projects at properties in the Towns affordable housing inventory Article 25-Purchase of land(parking spaces) DL Y Y Y Y Y Article 42- 1050 Waltham st(developer) JP Y Y Y Y Y Select Board Meeting June 23, 2020 A remote participation meeting of the Lexington Select Board was called to order at 3:00 p.m. on Wednesday, June 23, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker's March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts' State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. Mr. Lucente stated the same set of pre-established questions will be asked of all three candidates. The list of the interview questions are appended to the end of these minutes. ITEMS FOR INDIVIDUAL CONSIDERATION 5. Interview Town Counsel Candidates • 3:00 p.m. Mead, Talerman& Costa On behalf of the Select Board, Mr. Lucente welcomed Lisa Mead, Adam Costa & Jay Talerman of Mead, Talerman & Costa. During the approximate one-hour interview, the Select Board members,in turn,posed the pre-established questions to the representatives of Mead, Talerman& Costa. Mr. Lucente thanked the firm of Mead, Talerman & Costa and called a brief recess at 4:06 p.m. The Board reconvened at 4:15 p.m. • 4:15 p.m. KP Law On behalf of the Select Board, Mr. Lucente welcomed Jonathan Silverstein, Lauren Goldberg and Brian Maser of KP Law. During the approximate one-hour interview, the Select Board members, in turn,posed the established questions to the representatives of K.P. Law. Mr. Lucente thanked the firm of K.P. Law and called a brief recess at 5:15 p.m. The Board reconvened at 5:30 p.m. • 5:30 p.m. Anderson&Kreiger On behalf of the Select Board Mr. Lucente welcomed Mina Makarious and Christina Marshall of Anderson & Kreiger. During the approximate one-hour interview, the Select Board members, in turn,posed the established questions to the representatives of Anderson&Kreiger. Mr. Lucente thanked the firm of Anderson & Kreiger and called a brief recess at 6:24 p.m. The Board reconvened at 6:28 p.m. 6. Deliberate and Vote to Select Town Counsel Following a discussion of reviewing the three qualified law fines' interview responses as well as their request for proposal submissions, the Select Board came to a consensus to offer the position of Lexington Town Counsel to Anderson &Kreiger. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to appoint Anderson &Kreiger as Lexington Town Counsel with Mina Makarious as primary lead. AJDOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to adjourn the meeting at 7:04 p.m. A true record; Attest: Kim Katzenback Executive Clerk Interview Questions to Town Counsel Candidates What do you see as the main legal challenges currently facing municipalities and what issues do you foresee coming up in the next few years? How does your firm keep current on the ever changing case law,MGL and other regulations related to municipalities and how do you update your municipal clients? Does your firm ever offer general seminars or training on best practices,articles, etc.to officials in communities that you serve? If so,how often? Do you typically hold regular office hours in the communities you serve? If so,what are your thoughts about the effectiveness of this practice? Please describe a situation in which you have been asked to provide legal advice on a unique ethics case involving a public employee. The Town Manager authorizes your firm to work directly with a department on a legal issue.You provide legal advice to the department head and,based on your conversations it becomes clear that the department head is not planning to do what you advised.What do you do? Discuss your firm's experience representing municipalities on a complicated appeal of local zoning requirements? Discuss a major case in which you represented a municipality that went against the community; discuss any review you conducted afterwards and what you might have done differently and what,if any, changes you made going forward. Discuss how you work internally when a unique request for a legal opinion is requested of your firm? What is the review process to ensure the legal opinion presented is defensible? Please discuss your expertise related to the Community Preservation Act. Discuss the depth of the"bench"at your firm; if the lead counsel is not available, or is not the subject matter expert on a specific issue,who will handle such an issue and how do you ensure the backup attorney is fully prepared for the matter. What would be the implementation timeline for transitioning to your firm and what would be the steps you would take to familiarize yourself and your firm with the members of our Select Board, other Boards and Committees, and the various Town departments? What is the one most important advantage of your firm over your competitors that would make us glad we selected you two to five years into the contract? SELECT BOARD MEETING Monday, June 15, 2020 Conducted by Remote Participation* 6:00 PM MINUTES SUMMARY* A remote meeting of the Lexington Select Board was called to order at 6:01 PM on Monday, June 15, 2020. Mr. Lucente, Chair; Ms. Hai; Mr. Pato; Ms. Barry; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS • See attached transcript for details. TOWN MANAGER REPORT • None ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update The Board discussed strategies, implementation and community response actions related to COVID-19 guidelines and directives. 2. Award Sale of Bond and Bond Anticipation Notes Ms. Kosnoff stated that on Wednesday, June 10, 2020, the Town sold $20,315,000 of general obligation bonds and $5,856,000 of general obligation bond anticipation notes (BANS). Moody's conducted a review of the sale and rated the Bonds Aaa and the BANs MIG 1, both of which are the highest ratings that can be obtained by a municipality. MOTION: I move: that the sale of the $18,010,000 General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated June 25, 2020 (the"Bonds")to Janney Montgomery Scott LLC at the price of$20,328,114.38 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on June 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: Year Amount Interest Rate Year Amount Interest Rate 2021 $1,215,000 4.00% 2029 $1,200,000 4.00% 2022 $1,215,000 4.00% 2030 $1,200,000 4.00% 2023 $1,205,000 4.00% 2031 $1,195,000 3.00% 2024 $1,200,000 4.00% 2032 $1,195,000 3.00% 2025 $1,200,000 4.00% 2033 $1,195,000 2.00% 2026 $1,200,000 4.00% 2034 $1,195,000 2.00% 2027 $1,200,000 4.00% 2035 $1,195,000 2.00% 2028 $1,200,000 4.00% and further: to approve the sale of$5,856,000 General Obligation Bond Anticipation Notes of the Town dated June 25, 2020 and payable February 12, 2021 (the"Notes")to Piper Sandler& Co., at par and accrued interest, plus a premium of$46,262.40. - 1 - and further: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 3, 2020 and a final Official Statement dated June 10, 2020 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. and further: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 3, 2020 and a final Official Statement dated June 10, 2020, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. and further: that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. and further: that any certificates or documents relating to the Bonds (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a ".pdf"file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. and further: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver continuing and significant events disclosure undertakings in compliance with SEC Rule 15c2- 12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the benefit of the holders of the Bonds and Notes from time to time. and further: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and Notes and to comply with relevant securities laws. and further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. VOTE: 5-0 to Approve. 3. Discuss Fiscal Year 2020 and Fiscal Year 2021 Financial Status The Board discussed the impact of COVID-19 on the Town's finances. 4. Discuss Creating a 20mph Safety Zone in the Area of Lexington Center The Select Board discussed creating a 20 MPH zone in the center. 5. Approve Amendment to the Regional Housing Services Office Agreement Town Manager Jim Malloy presented an extension with the Regional Housing Services Office between Lexington and the several towns listed in the agreement. MOTION: - 2 - Move to approve the agreement between the Town of Lexington and the Regional Housing Services Office for 90 days as attached. VOTE: 5-0 to Approve. 6. Review Determination of Tree Hearing -497 Concord Avenue The Board continued the discussion on the determination of a tree hearing for 497 Concord Avenue. 7. Hosmer House Request for Proposal The Town manager reviewed the recommended Request for Proposal for the Hosmer House. MOTION: Move to approve the RFP for the sale and moving of the Hosmer House and further to authorize the Town Manager to advertise the sale, subject to Town Counsel providing a preservation restriction for historic preservation. VOTE: 5-0 to Approve. 8. Discuss Next Steps for Social and Racial Equity Initiatives The Board discussed with the Town Manager the plan for creation of a Task Force under the Town Manager; facilitated community conversations; and a review of our policies and bylaws. 9. Review Request for Car Parade- Lexington Goes Purple MOTION: Move to approve the request from Lexington Goes Purple to hold a Lexington Goes Purple Car Parade on Thursday, June 18, 2020 as outlined in their request letter dated June 5, 2020. VOTE: 5-0 to Approve. 10. Select Board Committee Appointments/Reappointments A. Town Celebrations Committee: Reappointments: MOTION: Move to reappoint Sondra Lucente and Lorain Marquis to the Town Celebrations Committee for a term set to expire on June 30, 2023. VOTE: 4-0 to Approve (Mr. Lucente recused) B. Other Appointments and Reappointments MOTION: Move to reappoint Mike Barrett and Hank Manz to the Hanscom Field Advisory Commission for a term set to expire on June 30, 2023. and further, move to appoint Geetha Padaki to the Town Celebrations Committee for a term to expire on June 30, 2023. - 3 - and further, move to reappoint William "Glen" Bassett, Suzanne Caton, Stephen Cole, Jr., Wei Ding, Mary Hutton, Gresh Lattimore,Wayne Miller, Rita Pandey, Ashley Rooney, Susan Stering, and Samuel Zales to the Town Celebrations Subcommittee for a term set to expire on June 30, 2021. and further, move to reappoint Kim Katzenback as Executive Clerk to the Select Board for a one-year term ending on June 30, 2021. and further, move to reappoint Police Chief Mark Corr as Keeper of the Lockup for a one-year term ending on June 30, 2021. VOTE: 5-0 to Approve C) Minuteman Regional Vocational Technical School Committee Appointment: MOTION: Move to appoint Judith Crocker as the Lexington representative to the Minuteman Regional Vocational Technical School Committee for a three-year term to be effective July 1, 2020 through June 30, 2023. VOTE: 4-1 to Approve (Mr. Pato voted no) 11. Discuss Select Board Liaison Assignments The Board discussed committee liaison assignments. 12. Approve Fiscal Year 2021 Cost-Of-Living Adjustment for Non-Represented Employees MOTION: Move to approve a 2 percent cost-of-living adjustment for non-represented employees for fiscal year 2021, effective July 1, 2020 VOTE: 4-0 to Approve (Ms. Barry recused) 13. Town Manager Committee Reappointments MOTION: Move to approve the Town Manager's re-appointment of Elizabeth Borghesani, Ellen Cameron, Camille Goodwin and Bonnie Teitleman-Levin to the Council on Aging and Lisah Rhodes to the Recreation Committee. VOTE: 5-0 to Approve. CONSENT AGENDA 1. Water&Sewer Commitments &Adjustments MOTION: Motion to Approve the below water&sewer commitments &adjustments. Water&Sewer Commitment Section 1 $ 1,975,324.33 Water&Sewer Commitment Section 2 $ 1,943,500.95 Water&Sewer Commitment Section 3 $ 3,839,184.96 Water&Sewer Finals Nov 2019 $ 26,538.22 Water&Sewer Finals Dec 2019 $10,168.12 Water&Sewer Finals Jan 2020 $50,707.46 Water&Sewer Finals Feb 2020 $28,930.39 -4 - Water&Sewer Finals Mar 2020 $7,494.06 Water&Sewer Finals Apr 2020 $9,992.76 Water&Sewer Finals May 2020 $5,108.53 Water&Sewer Adjustments per WSAB 5/21/20 $(5,022.84) VOTE: 5-0 to Approve ADJOURN Upon motion duly made and seconded, the Select Board voted 5-0 to adjourn at 9:29pm. Documents and exhibits used at the meeting: 6-12-20 COVID update 2020 Minuteman Regional Vocational Technical Bond Bid Results School Committee Application- J. Crocker Bond Result Summary June 2020 TCC&TCC Subcommittee BAN Bid Results Appointment/Reappointments BAN purposes 2020 Town Celebrations Committee Application -G. Moody's Press Release Padaki Moody's Credit Opinion 2019 Select Board Committee Assignments Budget Impact Memo#2 List of Non-Union Staff Speed Regulation Borghesani Reapp application Locus Map Cameron Reapp application Safety Speed Zone graphic-signs Goodwin Reapp application Report Teitleman-Levin Reapp application RHSO Amendment for FY21 Rhodes Repp application Hosmer House RFP Water Sewer Commitments Patrol Officer's Statement Water Sewer Finals Car Parade Request- Lexington Goes Purple A true record; Attest: Kim Katzenback Executive Clerk "See attached transcript of the June 15, 2020 meeting for details - 5 - June 15, 2020 Select Board Transcript otal �iiine: 335:54 Mark Can-, IMairlk Saindeein, S'hairon Cerny, Garb Bloom, I)aVid Kanteir, IKliirn Katzenback, Kelly Axtell, (.11hirs Fladoiro, Sill i lai, Megain IBuruczyirslkii,Avirairn IBaskliirn, Jiirn Malloy, Mona IRoy, Gerry Paul, I)oug I uceinte, Sean Osborne, [Davld IRiinsonineault, IBiridgeir 1McGaw, Suzie Barry, Carolyn IKaaanncntt, Tanya Gisolfi, Jeanine Krieger, Biridget Irish, Joe IPato, Steve Kauhnnain, SheiJla IPage, Charles i loinnig. Doug Lucente Kim Katzenback So, and we have a lot on our agenda tonight.So as a preliminary Yes. matter,this is Doug Lucente Chair of the Lexington Select Board. Permit me to confirm that all select board members and persons Doug Lucente anticipated on the agenda are present and can hear me. Great.Good evening,the time is now 6:01 pm.On Monday,June Members want to call your name,please respond in the 15 2020,and I call this open meeting of the Lexington Select affirmative.Select Board Vice Chair Jill Hai. Board to order. Please note that this meeting is being conducted remotely consistent with Governor Baker's executive order of Jill Hai March. 12 2020 due to the current state of emergency in the I'm here. Commonwealth due to the outbreak of COVID-19.The governor's order was posted with the agenda materials for this meeting.This Doug Lucente meeting of the Lexington Select Board will feature 10 minutes of Select Board Member Joe Pato. public comment at the beginning of our meeting. For this meeting, the Select Board is convening by videoconference via the Joe Pato application zoom as posted on the Town's website identifying how Here. the public may join.Please note that this meeting is being recorded and that some attendees are participating by Doug Lucente videoconference.Accordingly, please be aware that others may Select Board Member Suzie Barry. see you and please do not screen share your computer.Anything that you broadcast may be captured by the recording. Further, Suzie Barry this evening's meeting is being broadcast live and taped by Lex I am here media for future on demand viewing.All supporting materials that have been provided to members of this body are available on the Doug Lucente Town's website. It was not working earlier and I believe it is now Select Board Member Mark Sandeen. functional.Thank you, Ms.Katzenback for looking into that.Some ground rules on our meeting, before we begin. Please remember Mark Sandeen to mute your phone or computer when you're not speaking.Pease Hi. remember to speak clearly and in a way that helps generate accurate minutes.For any response,please wait until I yield the Doug Lucente floor and state your name before speaking. Finally,each vote Great. participants from staff when I call your name,please taken at this meeting will be conducted by a roll call vote.Before respond in the affirmative.Town Manager Jim Malloy? we start with our public comments section of this meeting,I would like to remind members of the board members of the public that Jim Malloy Lexington Select Board Procedures Manual section(IE2)covers Yep. our standard of conduct.It states that members of the Board will behave with civility and courtesy.The chair will preserve decorum Doug Lucente and prevent personal attacks.No one in attendance at the Deputy Town Manager Kelly Axtell. meeting will be allowed to make disparaging remarks about anyone including staff.The chair will rule inappropriate comments Kelly Axtell out of order and issue warnings to the offending parties.We have Yes,I'm here. a zero tolerance for disparaging remarks about any person or group or their motives.Public comments are allowed for up to 10 Doug Lucente minutes and each speaker is limited to three minutes for each Great,Select Board Executive Clerk Kim Katzenback. comment. Members of the Board will neither comment nor respond other than to ask possible clarifying questions.Is there - 6 - anyone that wishes to make a comment about an item that is not covered elsewhere in tonight's agenda?residents that have Suzie Barry dialed by phone should press star nine residents that have A few items tonight. Youth Commission met last week and they connected through the zoom application please click on the raise are looking at trying to plan a drive-in movie, hopefully at the hand button.Okay,seeing none.We'll now move on to Select Community Center for the later in the summer should that be Board Concerns and Liaison Reports.We'll start with Ms.Hai. allowed.So more will be coming forward on that.I received a picture today from the director of recreation that the beginning of Jill Hai the striping has started on the center track so that is good news. The Tourism Committee met last Thursday and discussions are No official date yet on when it's going to reopen,but we're getting continuing on the Visitor Center which they are hoping to have a closer.So that's good news.And the other thing if the Board limited use by the beginning of July,although we do not expect to wasn't aware and the community wasn't aware,the gazebo in actually open them building itself until mid July.The hope is that Hastings Park has been lit in blue and gold lighting for the month the sort of a kiosk cart will be available to help visitors with of June.In recognition of all of our graduates who are graduating orientation information.As July is often the busiest time and this year,not just from the High School but all the graduates.And particularly this year as we're looking to people staying for closer a banner has been posted on the gazebo as well.The last to home travel.The Center Committee is meeting tomorrow. weekend of the month.The Cary Memorial Library in the Cary MAGIC legislative breakfast is this Thursday morning at gam Building will be outside up lit in blue and gold,the last weekend, available via zoom. Most of our legislative delegation both for which is the weekend of the High School graduation,kind of his Lexington and our surrounding community will be participating. recognition of that.I have a question for Mr. Malloy. I know we You can find the link directly on the MAPC MAGIC site or you can were holding next Tuesday for a special Board meeting to just shoot me an email and I'll forward it to you it's 9:00 to 10:30 interview law firms.I just was wondering if that's been confirmed, this Thursday morning. and how we're doing?Is there a standard set of questions that we're asking,and do we need to send those to someone?And Doug Lucente how is that all going to be put together?Because the I don't think Thank you Ms. Hai.Thank you,Mr.Pato. the Board will have time to review what those questions are since we're not scheduled to meet between now and then. Joe Pato So the Vision 2020 Committee met last Friday.They reviewed the Jim Malloy panel session that occurred at the beginning of April.They hadn't Yeah.So Cathy is working on confirming those that date,and met since then.And we'll be doing a more detailed retrospective will let the Board know as soon as it is confirmed.I haven't gotten on the recommendations and discussion that occurred during that through all my email.So maybe she got it taken care of today. meeting,then presenting it to our Board and Planning Board and And as far as the questions go,the original group had a series of School Committee.The they also talked about their every five questions and some of those can be reused and I've gotten year town wide survey we that will be up for re surveying in a year questions from other communities that have interviewed law firms. and a half.So just as a budget warning,the request for having And I was planning on putting those together this week and that be considered for next year's budget.And,and they're sending them out to the Board.And if the Board has any other looking to have the Town Manager set up a technical group to specific questions they'd like to ask if they want to send it in to work on the analysis portion of the survey. Ms. Hai,I think you me.I'll compile them into one,one list of questions that can be said that the Center Committee is meeting tomorrow.I believe asked within the hour that we're allowing. they're meeting Wednesday.Tomorrow is Sustainable Lexington. Suzie Barry Jill Hai Okay,and it'd be helpful if we get those.If that whole process can Thank you.You're correct.I was just emailing back and forth with happen far enough in advance that we can review everything the chair.And they're doing their practice tonight.And somehow I before Tuesday would be great.And then my last question is also transferred tonight to tomorrow. But you're absolutely right.It's a request is actually for Mr.Lucente and Mr. Malloy in regards to Wednesday evening at seven the email that Mr.Malloy sent today regarding the Police Station design funding and the need.I'm not sure it's a need for more Joe Pato money,but that more funds were expended based on us Hard to know what day we're at.So yeah.And tomorrow, reconfirming the location and with the new design,and in the Sustainable Lexington is meeting at 7pm for their monthly email,you indicated that you wanted to push forward to go to a meeting. Great.That's all for tonight. Fall Town Meeting.For this vote for the construction funding vote which I would assume would mean a fall debt exclusion.Is that Doug Lucente still what you're thinking? Thank you,Mr. Pato.The only thing I have to report is the Fund for Lexington had a meeting a couple hours ago.And from that Jim Malloy meeting,I just want to report that the Fund has received close to Yes. $37,000 in donations from our generous Lexington residents.So thank you very much all that money is going toward(that's since Suzie Barry " March,since the COVID Emergency)and all those donations are So I'm going to request that we put that on the next Board's going toward help with COVID issues.So thank you,I just wanted agenda for discussion.I am beginning to have concerns.I have to point that out.And that's all have.Ms. Barry? mentioned my concerns about the timing of this long before the - 7 - pandemic even started,in terms of us having a strong and solid all employees at the end of the week. Last week,I think it was campaign to bring this to the community.And I'm afraid I think I Friday.And we have engaged in industrial hygienist who has don't know if it has or not,but issues within the last few weeks begun reviewing our plans and our facilities and it's going to be might complicate this issue for us.I want to make sure that when making some further recommendations.We continue to have this project moves forward,it's a good solid project.I don't think regular conference calls every Wednesday morning at 8am.The anyone on the Board denies that this project needs to get done.I Senior Management Team and Health officials review the change think right now, it could just be a timing issue that maybe we in the number of local cases and discuss whatever actions are might need to wait till next spring.Thank you. going on and whatever information the Health officials can provide to us.And then finally,as the Board discussed last week,the Doug Lucente ' Board of Health would be reviewing the guidelines and outdoor Thank you,Miss Barry.Mr.Sandeen. dining this evening and we hope to begin working with a number of the restaurants in town that are interested in opening during Mark Sandeen this upcoming week.And then I provided just the statistics and Yes,I have a few quick items.Last select board meeting I would point to the first chart as a sign that the blue line are the mentioned that the traffic advisory Transportation Advisory individuals who are currently undergoing monitoring or Committee had been planning to had been working on quarantine.And as you can see that peaked in middle of May as rescheduling Lexpress schedules and they wanted to have a the Governor and Mass Department of Public Health had public session on June 23.They've had to push that out maybe a projected has been steadily dropping downward and the week or so.So,if you have June 23 on your calendar,it's going to increases in new cases have dropped off pretty significant as well. be about a week later for that before they're ready to do that So hopefully we have seen at least the first peak.Then two charts public information session.The Communications Advisory further down are the Lexington confirmed cases.And you can see Committee is meeting in about an hour.They are taking up the starting around the beginning of May,that also the next chart LexMedia contract.So they're in the final stages of that and they down that one beginning of May,that line also flattened out pretty hope to have that resolved this evening and then bring the significantly and we've had very few cases.The very last chart contract back to the Select Board sometime in I guess June,in just shows daily counts of new cases.And you can see over the order to get it ratified before July 1.The Board of Health has last several weeks,there's been a lot fewer cases,new cases on started their meeting at five o'clock I was on for the first portion of a daily basis than what we're seeing in throughout the month of it,but when I left,they were still considering the topic of reopening April.So there is I did not get a report this week. From the Health guidelines.So thery had not made any decisions when I had left Director.I've been including that the last couple of weeks,but at that point but they're taking that up this evening.And then on did not receive one this week.And I don't know that the Chair of the police station,the Permanent Building Committee is meeting the Board of Health is on tonight because I believe they have a on Thursday to consider some of the design and considerations meeting going on right now. Right.So,so that's the report on for the finalizing some of the design considerations for the Police what's going on with COVID-19.As you can see,I'm in the office. station.So that'll be going on on Thursday night. Doug Lucente Doug Lucente Great,thank you Mr.Malloy,questions or comments from the Thank you,Mr.Sandeen.Mr. Malloy, is there a Town Manager's Board?We'll start with Ms. Hai. report this evening? Jill Hai Jim Malloy I don't think I have anything additional.Although I think it might be Not this evening.Thank you. helpful if we could give the residents some sort of a sense of timing of when various buildings will begin to be opening.And I Doug Lucente also think it might be helpful if we were able to communicate the Thank you,Mr. Malloy.Our first item on the agenda this evening fact that even though the buildings aren't open,the staff is fully is for the Board to discuss strategies implementation and working and you know,we are as municipality fully engaged, community response actions related to COVID-19 guidelines and was contacted over the course of the weekend by someone who directives. Mr. Malloy will make the presentation. was in a panic because they think all offices were closed and they needed to access some information.And I just think it might be Jim Malloy helpful if we remind people that even while the building isn't open, So as of today,we have 318 confirmed cumulative cases in town. whichever building it may be that they need someone the All of our town departments are beginning to partially return to functions are.So I don't know if that could be sent out in one of work with staff working in the offices 25%of the time and 75%of the updates to just remind people that would be helpful,I think. the time,working remotely.Town offices will not immediately be open to the public,and we will continue to monitor that,and when Doug Lucente it appears that it's safe to begin opening our buildings back up to Thank you,Ms. Hai, Mr. Pato? the public,we will do that once we've had an opportunity to make whatever changes we need to make internally.The Library and Joe Pato Community Center are reviewing plans and Public Works and I have no questions.Thank you. Public Facilities have both returned to a full schedule as of June 1.The Return to Work Task Force completed its review and we Doug Lucente met with several of the unions last week and sent out a memo to - 8 - don't have any questions.Thank you for the report. Mr. Malloy, and town technology purchases that will happen over the and I hope the numbers continue to stay flat.They look like summer.So,the bond was a 15 year bond.We got 10 bids all they're in definitely in a good direction.And I hope they stay that competitive on it.The low bidder was Janie Montgomery Scott way.That would be wonderful. Ms.Barry? and the true interest cost of the bond was 1.315.Sorry, 1.315% which is again a great rate and on the bond anticipation,Bond Suzie Barry anticipation notes,which got five bids.Again,all competitive and have nothing,thank you. the low better on the bond anticipation notes was Piper Sandler and company with a net interest cost of point.497%,which,again Doug Lucente is another fantastic rate,those bond anticipation notes will come Mr.Sandeen? to you in February,at which point they'll be bonded on our normal schedule.The one thing I just wanted to sort of know as a Mark Sandeen sidebar,typically in June every year,we only do a bond One of the things that I've been watching is how people are anticipation No,we don't usually do a bond in June.But after looking at the transmission of COVID-19 and the epidemic discussing with our financial advisors,we have an upcoming geologists are seeing more and more that they think the primary federal election.And there's also a lot of uncertainty going on in transmission is,is aerosol.And I'm also interested in an update the market.And rates that other communities received over the the Town Manager provided, I don't know two or three or four last couple of months have been very favorable.And the the bond maybe Select Board meetings ago that the CARES Act funds are that we put out in this June would have normally been a bond allocated for helping us update and respond to the COVID crisis. anticipation note and when that came due in February would And I wonder if it might be possible to qualify some of for some of would have bonded it at this point,but we felt that given the the CARES Act funds by upgrading our ventilation and air filters interest rate environment,it would was favorable for us to go for our buildings as we go into reopening. I'm sure the Town's straight to a bond for those items now.And so that's where we're looking into that I'm not needing an answer right now.I'm just at,and I'm happy to take any questions. hoping that something that we're considering,and I just guess I would also just re emphasize something we talked about in the Doug Lucente last Select Board meeting.I'd love to see us looking at making Thank you Ms. Kosnoff questions or comments from the board? more room on the streets for people to social distance,maybe in I'll start with Mr. Pato. the center of town and We talked about as we're,the Board of Health is considering reopening restaurants,if we might be able Joe Pato to make some more room for people to walk safely. So I just want to observe that this really is a an outstanding rate and I am fully supportive of accelerating to the full bond rather Doug Lucente than a ban for those projects.Because these rains don't stick Thank you Mr.Sandeen.Questions or comments from the around that long.Normally,there is a fair amount of rain volatility audience residents that have dialed in by phone to press star and uncertainty looking forward to 10 months.So congratulations nine.If you've connected through the zoom application,please to our staff.I feel compelled to feel the seat that Mr. Cohen used click the raise hand button.Okay,seeing no one,there is no to as our former bond counsel and speak to how Lexington has motion with that first item.Our second item on the agenda this traditionally done very well in the bond market.And that is evening is for the Board to award sale,a bond and bond because we are a triple A community and have been for a long anticipation notes.We're being joined by Carolyn Kosnoff,who I time.And that's because our fiscal management has been very will move over.We are being joined by Carolyn Kosnoff,the strong for over a decade.So thank you and keep going. Assistant Town Manager for Finance,who will make the presentation once she has been moved over to panelists. Ms Doug Lucente Kosnoff? As you just said it's very well run Town and it's shown what the rates we got the AAA bond rating.Thank you to staff for Carolyn Kosnoff everything you do to make this happen. Ms. Barry? I'm here,thank you.Alright,so for this agenda item tonight,we are looking to award the sale of bonds and notes.We did a recent Suzie Barry sale it was last Wednesday,June 10.We offered up$20.3 million So I also echo thank you to staff for all your hard work.And thank worth of bonds and$5.85 million worth of notes for sale. Both you Mr. Pato for the excellent traditional senior member reaction were very successful.On the bonds,we got a and just let me step to the supreme positive rate. back that the purpose of the bonds was primarily to get the continued financing of the town's large construction projects,most Doug Lucente of which have been excluded from proposition two and a half.So Thank you,Ms. Barry. Mr.Sandeen? this includes the final stages of the Hastings Elementary School, the fire station,the Lexington Children's Place,and it also Mark Sandeen includes the Visitors Center.And so that was those are the I would say the same thing.At a previous meeting when we talked primary purposes for the the 20 million in bonds.And then the about bonds. Ms.Kosnoff said that we had been conservative in bond anticipation notes are really to get us through the summer our planning and had anticipated maybe a higher rate.I was construction season.It keeps our cash flow positive and in wondering if we might have some idea how much money this is preparation of the money that's going to be going out for a variety saving us versus our budgeting assumptions for next year and for of things water and sewer projects,sidewalks,school technology the length of the bonds. - 9 - further to approve the sale of$5,856,000 general obligation bond Doug Lucente anticipation notes of the town dated June 25 2020,and payable Ms. Kosnoff? February 12 2021,the notes to Piper Sandler and Company at par and accrued interest plus and plus a premium of$46,262.40 Carolyn Kosnoff and further that in connection with the marketing and sale of the So I can talk to that a little bit.We certainly are saving compared bonds the preparation and distribution of a note of sale and to what the model shows which was a we used a coupon rate of preliminary official statement dated June 3 2020,and a final 4% in the modeling.And so this coming in at 1.3 is saving official statement dated June 10 2020.The official statement, significant amount of money in the millions of dollars over the life each in such form,as may be approved by the town treasurer.Be of the bond.I don't have an exact number off the top,but that in hereby ratified,confirmed,approved and adopted.And further especially on the excluded debt projects, it's significant.As far as that in connection with the marketing and sale of the notes,the next year's budget goes,which I think was your other question preparation and distribution of a notice of sale and preliminary was that?So the one thing that I would note the budget is actually official statement dated June 3 2020,and a final official statement not going to be incredibly different.What we budget for is that dated June 10 2020.Each in such form,as may be approved by some projects we're going to move forward at town meeting and the Town Treasurer,being hereby are ratified,confirmed, that because they could have started right away,we planned approved and adopted.And further that the bonds shall be some short term interest for those items that would come due in subject to redemption,at the option of the town upon such terms 21.Obviously,because we did town meeting so late and those and conditions,as are set forth in the official statement,and projects have not gotten underway yet that it freed up some room further that any certificates or documents relating to the bonds. in the budget for the within levee debt service,which is that gave Collectively the documents may be executed in several us the ability to issue a bond for the visitor center instead of a counterparts,each of which shall be regarded as an original,and note for the visitor center.So we were able to lock in the rate for all of which shall constitute one in the same document delivery of the visitor center.What that means,though,is that the first an executed counterpart of the signature page,to a document by principal payment will be due in fiscal 21.And so that's really electronic mail and a PDF file.Or by other electronic transmission eating up the extra capacity that was created by the lower rate shall be as effective as delivery of a manually executed and by not doing some of those other projects right now. It's really counterpart signature page to such document and electronic just accelerating that payment by one year,it would have been signatures on any of the documents shall be deemed original the next year anyway,but it's not going to create a lot of savings signatures for the purposes of the documents and all matters and next year's budget that will be able to be allocated elsewhere. relating there to having the same legal effect as original signatures.And further that the town treasurer,and the Select Mark Sandeen board be and hereby are authorized to execute and deliver Thank you for that explaination.It's all good.Thank you. continuing and significant events,disclosures.Sorry,continuing and insignificant events disclosure undertakings in compliance Doug Lucente with sec rule 15c2-12 in such forms as may be approved by bond Ms. Hai? counsel to the town,which undertakings shall be incorporated by reference in the bonds and notes as applicable for the benefit of Jill Hai the holders of the bonds and notes from time to time. Further,that So I'll just echo thanks and I will add that I also appreciate the we authorize and direct the town Treasurer to establish post flexibility in the thinking and planning to have made the change issuance, Federal Tax Compliance procedures and continuing from the typical process that we follow in order to take advantage disclosure procedures in such forms as the town treasurer and of this particular financial opportunity.So thank you. bond council deems sufficient,or if such procedures are currently in place to review and update said procedures in order to monitor Carolyn Kosnoff and maintain the tax exempt status of bonds,and notes and to Thank you. comply with relevant securities laws.further than each member of the Select board,the town clerk and the town Treasurer being Doug Lucente hereby are authorized to take any and all such actions and Questions or comments from the audience on this item?Okay, execute and deliver such certificates,receipts or other documents seeing no hands raised.This is a long motion so bear with me I has made me determined by them,or any of them to be will do my best move that the sale of$18,010,000 general necessary or convenient to carry into effect.The provisions of the obligation municipal purpose loan of 2020 bonds of the town foregoing votes. Is there a second? dated June 25 2020.The bonds to Jamie Montgomery Scott LLC at the price of$20,328,114.38 and accrued interest is hereby Jill Hai approved and confirm the bond shall be payable on June 15 of Second the years and in the principal amounts and bear the interest rate. Sorry,your interest at the respective rates as follows 2021 Doug Lucente $1,215,000 4.00%;2022$1,215,000 4.00%;2023$1,205,000 Moved and seconded by a roll call vote. Ms. Hai? 4.00%;2024$1,200,000 4.00%;2025$1,200,000 4.00%;2026 $1,200,000 4.00%;2027$1,200,000 4.00%;2028$1,200,000 Jill Hai 4.00%;2029$1,200,000 4.00%;2030$1,200,000 4.00%;2031 Yes. $1,195,000 3.00%;2032$1,195,000 3.00%;2033$1,195,000 2.00%;2034$1,195,000 2.00%;2035$1,195,000 2.00%;and Doug Lucente - 10 - Mr. Pato? biggest issue.We have not had extraordinary expenses due to COVID.It's actually the opposite because of operations being Joe Pato shut down.We've actually had less expenses than I think under Yes. normal circumstances.But revenue is the big sort of wildcard at this point.We are certain about some of our local receipt type Doug Lucente revenue,meals taxes have significantly declined. hotel motel tax I'm a yes. Ms. Barry? has significantly declined.You know, somewhat other areas continue to be strong our building permits and things like that our Suzie Barry tax levy revenue and actually in this map At that point we had not. Yes. You could see the fiscal 20.We still had at that point when this was issued,which was May 29,we still had almost$5 million Doug Lucente worth of tax levy revenue that had to come in a significant amount Mr.Sandeen? of that has been posted at this point.The due date was June 1, which was the revised due date.The interest accrual date Mark Sandeen continues to be the last day of June.And so we expect that some Yes. of that tax levy revenue is going to continue trickling in,but at this point,we've collected over 99%and we do expect that that's Doug Lucente going to continue to trickle in.So while the total 2020 variance in Great the motion passes by 5 to zero. Colleagues,we will be that table is about 1.2 million,it's going to be less than that. leaving in the Select Board office copies of this to sign at your daresay at this point,we may come in right around on our convenience. But it is needed to be done by what date Ms. revenue target for the year.Again,the state aid there we were Kosnoff? projecting a potential$700,000 loss We still don't know what that's going to look like.But if the state comes through with the Carolyn Kosnoff aid as they had originally budgeted and projected,that could Preferably by the end of day Wednesday,but if needed midday potentially go away,which would put us in a good spot for fiscal Thursday would be okay,as well.We just like to get back to bond 20.As far as revenue collection goes 21 is somewhat of a counsel by the end of the week so they can prepare for the different story.Again,we're projecting pretty significant decreases closing. in some of our local receipts.We did projected potential 1%loss in tax levy revenue,and then again,the state aid.We projected a Doug Lucente 35%decrease in unrestricted government aid and a 15% Great.So colleagues,if you could head to the Select Board office reduction in our chapter 70,which is the school aid.So that just tomorrow,Wednesday,that would be wonderful.And we need the state aid is$2.7 million.If those projections were to be three signatures for those to be valid.Correct? realized we would have that much and then given the others The total amount of revenue that we think we could have to make up Carolyn Kosnoff in fiscal 21 is 6.89 million.I think that that's a pretty conservative Yes,three members of the Board need to sign in order for them to projection,I don't think that we'll have to make up quite that much. be valid. Correct.And there are multiple copies,the format looks But that's still a pretty big gap.As you know,we took one action slightly different. Usually bond counsel drops off the full entire at town meeting to not set aside some revenues into stabilization printed packet.This time they sent it electronically and we printed into Oh, peb.So that helps us close some of the gap. But it does a few copies of one copy of each with multiple signature sheets, still leave some amount that may need to be closed for fiscal 21. which hopefully will be clear,as marked when you come into sign. And so this memo,you know,details a lot of that we do have a lot Great.Any questions,feel free to contact us. Great.Thank you so of levers that we can pull to make this up. But until then,the main much. point here is that until we really know what's happening with state aid,we don't want to make any drastic budget decisions,because Doug Lucente that could really make a big swing either way.In the meantime, Our third item on the agenda this evening is for the board to we have asked departments to curb non essential spending for discuss fiscal year 2020,and fiscal year 2021.financial status. both fiscal 20 and for fiscal 21.And when They'll also probably Ms. Kosnoff the Assistant Town Manager for Finance will make hold off on both program improvement work requests and some of this presentation as well.But we're also being joined by Jennifer the capital projects as well,that are not very time sensitive,we Hewitt,the Town's Budget Officer and I will move Ms. Hewitt over may hold on some of those going into fiscal 21,in case we need to the panel. Ms.Kosnoff do you want to get started? to make other adjustments.So that's pretty much a summary of where we're at.I don't know if there's any specific questions or Carolyn Kosnoff information the board would like to hear about. Sure.All right.So the what was included in the packet tonight is a memo that we're now on the second version that's been Doug Lucente distributed to the board and this version is the same one that was Thank you,Ms. Kosnoff.Just for the board's awareness you were distributed to Town Meeting right at the start of Town Meeting. discussing this because it hasn't really been one of our tables that which sort of outlines the current situation that we're in due to we've had this discussion with received the memo,but we didn't COVID,both for fiscal year 20,and for fiscal year 21.It walks get a chance to talk about it.So this is just an opportunity for through in some detail what the Town's primary financial concerns members of the Board to ask any questions about any of the are going to be,which at this point is primarily,revenue loss is our assumptions or you know,discuss their thoughts as we head - 11 - toward a third memo and as we head toward more clarity with and that's why that$1.2 million of other excise is so significant. what the numbers are going to be at the state level, but I do want But then,you know,you can see,we're expecting a little bit of lost to thank you,Ms. Kosnoff in Ms.Hewitt for the time and energy revenue in other areas investment income.While you know, it's you put into these projections.I hope they stay true.I know none fantastic that we just issued a bond and got a 1.3%rate on our 15 of us has a crystal ball with this and there's a lot more to come. year bonds.It also doesn't fare well for the money that's sitting on But 1,1 look forward to us digging into the numbers closer as we our account.So we're,you know,we're expecting a drop there. get to the budget budgeting cycle to see what we need to plan for Some of the other departmental receipts were expecting slight for the future Lexington.Ms.Barry? drop offs,but the 1.2 million is really the big story and the Local receipts,which is,you know,all of those,you know,commercial Suzie Barry type revenues.That's the 2.4. Thank you for going over this.It's something to get it into read it. But when it's explained to you,you kind of point out the areas that Mark Sandeen we need to pay attention to.So I appreciate that.I'm probably not So that all that 3.9 is including what we believe will be short from a fair question,but I'll just ask you anyway,anything that you're state receipts is that true? hearing or you're seeing your crystal ball in terms of what might be required for the school budget,I know we don't typically wade Carolyn Kosnoff into those waters,but I'm assuming things are gonna look Yes,it includes all of this the state aid and local receipts and drastically different for them this fall,or what that timeline might potential also a potential 1%drop in the tax levy collections which look like when we might know what they might need? may or may not be realized.But we think we went back and looked at the last recession from 2009 to 2011.And in all of those years,we still collected,you know, 99%.And so,you know,we Um,so there's there's There's nothing that I could really share as usually collect 99.67%,and we just wanted to shave a little bit off far as what they are preparing for at this point and what their just in case people have difficulty paying,but it's very possible budget is going to look like.What I would say is that the town has that we'll continue to recognize all that revenue.So we think that been allocated from the state just under$3 million worth of at the bottom line,the 3.9 million is the gap that we're gonna have CARES Act funding.That funding is to be used to cover expenses to close. that are in surplus of appropriation.They cannot be used for revenue loss,at least at this point.There is some discussion that Doug Lucente they're trying to get something through the legislature to allow us Thank you Mr.Sandeen.And thank you,Ms. Kosnoff.Mr.Malloy, to use that$3 million to cover our revenue loss. But at this point, did you have a question or a comment you wanted to make? we are not going to have$3 million worth of COVID related expenses,at least through up until this point in what we're Jim Malloy projecting.If the school were to have significant additional Yeah. Excuse me.Just a follow up to Ms. Barry's question about expenses,that money could help cover that amount.You know, the School Department,just so that the Bboard's aware that in the there I know that the guidance that's been issued by the state development of these memos,we do meet with both the about what a reopening looks like and the distancing guidelines Superintendent and the Business Manager for the School and other things that are in place are very stringent for both in Department.And so they're part of those conversations and the classroom bossing sort of from every different angle. But I really development of this particular memo.They indicated that they can't speak for the school department as far as what what they're were just beginning to really try to figure out what the fall was planning at this point. going to bring.So I would assume that by the third memo,we'll have a some kind of an idea of of what that will be,and we'll be Doug Lucente able to provide some additional information on that. Thank you,Ms.Kosnoff.Thank you, Ms. Barry is that all?Great. Mr.Sandeen? Doug Lucente Thank you Miss Malloy.Ms. Hai? Mark Sandeen - Yes,I thank you for all this detailed information.I'm kind of Jill Hai interested if you could help me a little bit with these green bars. So 1,1 appreciate this.This was very helpful.As Ms. Barry said, So we have two sets of green bars and my if I look at fiscal 21, it's really particularly helpful to have you walk us through it.So and it says 3937.In this one that we're looking at and down at the thank you.And obviously I understand that the the unknown, bottom, it says 2 4,should I be adding those two together in terms simply roll off as you go from our level to the state and on so that of the impact that you expect?We would have in terms of loss there's there's a lot of potential variability in here. But I'm revenues that how I would should look at this. wondering,do you have a sense when we might,when it might make sense for us to schedule a financial summit so that we can Carolyn Kosnoff have these discussions and bring,you know,bring the finance No, it's just the 3.9.So the 2.4 is actually the third line of the table, committee's into the conversation and have it collectively with the which is the local receipts.Okay,the table at the very bottom of School Committee? the memo was just an appendix to sort of break that down to an additional level.Okay,and give some detail about what and the Carolyn Kosnoff local receipts.So you can see we're projecting,you know,motor Sure.So just as even before getting to summit,we are planning vehicle excise and other exercises,really the meals and hotel tax on providing another update at the very end of June.I'm hoping to - 12 - get on the agenda for June 29 to talk about where we really Yeah,that would be great.Great. ended fiscal 20 at once,you know,we'll have a pretty good sense at that point,I think of where we are.Um,so we'll do an update Doug Lucente there and then we'll do an update of this memo at that point.As I think I I may have made a mistake. Excuse me. far as the fiscal summit goes,I think that I'd really like to do it either later in the summer or very early in September.I know Jim Malloy sometimes the summer can be difficult with vacation schedules.I If you want I can talk a little bit about this? think that in early September would be okay,the really important thing that is going to need to happen, I think before we have a Doug Lucente summit that's worthwhile as we need to know what the state's Sure,if you don't mind,I move the wrong person over. budget is going to be,and get a sense of what they're going to be apologize. allocating or just some sort of sense of,you know,what our state aid projection should look like.Because that's a$2.7 million Jim Malloy variable at this point that we don't want to go up ending our So,the Board had discussed this previously,and it indicated an budget by$2.7 million,if we don't have to,from prior interest in looking at the 20 mile per hour zone,a safety zone in conversations that I heard have heard at the state which,in the center of Town.And so the traffic safety group has been fairness were much earlier during the COVID crisis,they did reviewing it for some time with our Engineering Department.And indicate they're going to try very hard not to touch school aid.But there's a process that we need to go through with Mass DOT.And as their revenue loss continues to grow,that may or may not be so they have come forward with this recommendation.I believe realistic.So,once the state has issued a budget,I'm hoping that this came before the Board previously as a draft.And so this is very shortly thereafter,we can have a meaningful conversation the second time the Board is seeing it.And I believe they've taken about what our next steps are going to be. the Board's comments into consideration on this draft.And it is mostly ready to go although,as I stated in the Board packet,with Jill Hai the motions provided understood the board may wish to discuss Perfect.Thank you.That's exactly what I was trying to figure out. this and make some additional changes or have an additional Thank you. input before the vote.But it is ready for a vote and the paperwork is all ready to go into mass do t shirt the board choose to vote on Doug Lucente this this evening. Great.Thank you,Ms.Hai.Mr.Pato? Doug Lucente Joe Pato Thank you Mr. Malloy.I don't know if Ms. Page was raising her So thank you.I won't repeat my colleagues comments.I do think hand. She was supposed to be moving over if she wanted to add that we need to keep our eyes on this not just the details of any comments right now. revenue shortfalls or or that they're met.But taking a look at the impact the economic impact on our residents and our commercial Sheila Page partners in town.And we may want to have a policy summit,as No,I just wanted to let you know I was here for motions.That's well looking at how to think about those kinds of issues over time. all.I actually meant to chat,not raise my hand. I know that already just from our Capital Planning,you're thinking about how to bring that in,talk about it in the comments.The full Doug Lucente summit. But having done some more focused work in advance,I No problem.I just wanted to make sure you were able to speak think that's even going to be even more important as the details of so thank you.Questions or comments on this proposal from the this slowdown become clear.So I would expect sometime in the board. Ms. Katzenback has the map up on the screen.I'll start summertime that we should be thinking about those issues not with Ms. Barry. just you know the details of where his revenue and where our expenses Suzie Barry Thank you,Mr. Lucente.I noticed from the cover sheet we first Doug Lucente started to take action on this in May of 2017 So that whole three Thank you Mr. Pato.Questions or comments on this item from the year rule thing we've heard about,yeah,I guess that's how we do audience. press star nine in your phone or raise hand on the things.Anyway,so I don't really have any questions or comments. zoom application.Okay,I see none.So we'll move on to our I'm just going to ask either Ms.Page or Mr. Malloy to let the Board fourth item on the agenda this evening.Which is for the board to know I had written to them and asked,kind of it made sense to discuss creating a 20 mile per hour safety zone in the area of me. Like,why don't you all the streets on the I'm never sure which Lexington center.Attached to our agenda materials,were some side of it is a Meriam street side?Like,why is Grant Street not on proposals related to creating a 20 mile per hour zone in the here?And why is Fletcher Ave not on here?So if it's Ms.Paige center.And this is an opportunity for the board to sort of take a that has that answer,Mr.Lucente. first look at this concept in the map and have a discussion.So, Mr.Malloy,did you want to add anything to the head?Sheila Doug Lucente ` Page here,which I don't know, I think do you want me to move Ms. Page,do you have that answer? Sheila over? Sheila Page Jim Malloy - 13 - Yes,sure.So we tried to be judicious in in our,the spread of the center,and the center safety zone.And one of the criteria is that Doug Lucente it's supposed to have a like a similar land use that,that where Ms. Page,can you address that? there's vulnerable users.So our thought was to go to the bike path, but in the case of Grant the bike path is on a bridge,and so Sheila Page we don't have that crossing.So it made sense.We talked about it Thank you.Yeah, I mean, I think if the Board wants to include that a fair amount.It made sense to us to stop then at Mass Ave we can,but it's it sort of was not similar to the rest of downtown because it gets more residential as we head down,Grant. as we lose the commercial space and people are not tending not to cross Harrington Avenue. Doug Lucente Thank you Ms. Page.Ms Barry any followup? Mark Sandeen But it's all it's all sort of connected there. Suzie Barry Fletcher Ave? Sheila Page Yes,it is. Sheila Page And then Fletcher as similarly,Fletcher app gets residential fairly Mark Sandeen quickly.And so again,we thought it wasn't necessary,although It seems logical to me to have 20 20 20 with all sides of the that to me fits our criteria a little better of stopping at at the Green,but I'll leave that to the rest of the Board.I wanted to ask a bikeway. But it would cause we would have to have a sign in the couple questions,sort of higher level questions.I'm assuming that neighborhood and there's less traffic and less pedestrians along the primary reason for doing this is safety,correct? that street.So we pushed it back to mess up. But either of those, you know,could fit the criteria.We're just trying to be sort of Sheila Page judicious and How we ended it. Yes. Suzie Barry Mark Sandeen Okay,so I thought it's important that the Board hear that because So do we have any idea what we believe?What do we think are was starting to see a pattern of it,it seemed like the streets our objectives?What do we think we're going to do in terms of leading up to the bike path.So my other question here is, if we reduction of accidents and fatalities?Or do we have any sort of vote for this,which I am hoping we are,what would the date of goals? effect be? Sheila Page Sheila Page Do you want me to answer that? believe is when you vote and sign,you have to sign the regulation.So there's no approval by Mass DOT,but we need to Doug Lucente submit the paperwork to mascot. If you if you have that answer? Suzie Barry Sheila Page And then my other question,I'm not sure if this is for you for Mr. Sure.I don't quite have it at my fingertips.Tips but statistically, Malloy is how are we going to communicate this in a broader pedestrians,I mean,I hate to even talk about this,but pedestrians sense to the community?I would assume the normal channels I being hit at 30 versus 25 and 20 miles per hour is significantly don't know.You know,when we give out warnings or cards to less injurious.So that that would be the case.And then also in the residents who are you know,would there be kind of like a warning parking study that we had do 2014 people cited the need to cross period?I know we,we did something when we first did the 25 Mass Ave as a parking concern,because it forces them to choose mile an hour in Town.I'd like to see us try and follow that. which side of the road they want to be on,or where they want to Whatever we did,then if that's possible. go. Jim Malloy Mark Sandeen Yeah,that makes sense.I don't think we want to go overboard. So the other question I have is also about humans.When we We do want to better to educate.And I know that's usually the change the speed limit from 25 to 20,do we have any idea from Police Department's method here is to educate the public,not other towns that might have done this how much of an effect it necessarily penalize them. actually has?Or do people just sort of behave the way they've always behaved and drive The same speed that goes and how do Doug Lucente > you how do you actually affect change?And what have you seen Thank you,Ms.Barry.Mr.Sandeen? in other municipalities have done something like this? Mark Sandeen Sheila Page Yes,I had a similar question.I thought that the last time we I don't have an answer for that.When I had talked to him mass reviewed this,we suggested maybe looking at Harrington,I dot representative,they had actually at that point had not had any thought we had some indication that that might work. I was had any towns that had any towns that had done the 20 mile wondering where we are on that. speed zone outside of a school speed zone. - 14 - without any indication.So while an education program helps, Mark Sandeen think having drivers be confronted with you've entered into the So we're leading? zone is is also important.Aside from that,I think this is really good.Thank you.And,and I think Miss Barry was right,three Sheila Page years.It's hard to get things faster. Yes,that's my understanding.Again. Doug Lucente Mark Sandeen Thank you,Mr. Pato.For my comments. Ms. Barry you have your Thank you. hand up? Doug Lucente Suzie Barry Thank you,Mr.Sandeen.Ms.Hai? Um,thank you. I just wanted to concur with Mr.Sandeen and Mr. Pato as someone who works in that Mass Ave and Harrington Jill Hai Road area.It needs to be signed at 20 miles an hour. I try to use So thank you.I will say that I got an email shortly before our that crosswalk. meeting from the chair of the Center Committee saying that they were a little surprised that they weren't surprised that this was Doug Lucente coming up before us.They,you know,again,I mean,I think they Thinking is very So my comments,I don't think this is a bad idea. knew that it existed but they hadn't seen it recently.The other I'm just wondering about the timing and the signage is the question that I had to actually but one is that the Mass Ave confusing part for me because we're going to be doing the center diagram shows the speed zone to what looks like roughly about streetscape,you know, is this something we should wait to put Hunt Street. But the the verbal description says to Woburn.I into place once the center streetscape project is completed, actually think it's better if we don't end it right in the middle of that because we're going to be investing all sorts of effort and energy already terrible intersection.So I'd rather see it extend to either into signs and,you know,my fear is that we're going to end up hunt or actually there's a crosswalk right at slogan,so maybe we redoing them or replace them in and we do have a lot of signs in can pull the 20 through that's that crosswalk and then and then the center in general.And one of my concerns is,is that too many end it would be my recommendation because it's both a transitions so I'm comfortable with the concept.I'm a little crosswalk and I believe there's also an MBTA stop right at that concerned about the timing of it.You know,we haven't seen the corner as well. So that would be my one sort of technical positive impact of the center streetscape plan to date,which is comment and then my other comment was really a question, supposed to help with pedestrian interactions with cars and it'll which is,you showed us Thank you.I appreciate it all of the have some calming effect.We hope.So anyway,that that those signage that would be necessary.My question goes to when you are my comments.I think I will hear from the audience at this have end speed zone and you're changing from 20 to 25.I'm point.So questions or comments from the audience?If you have almost concerned that end speed zone is going to make someone the zoom application,you can put press the raise hand button. think that they can then pick up their pace.So I would feel that we see Mr.Kanter,if you can press the unmute button. almost need to say and 20 mile zone but attached the 25 on the same signage,because I think otherwise,you know,we may be David Kanter creating a different problem.That's my thought.And I don't know Mr.Chair, David Kanter,48, Fifer Lane.I'm wondering why there that from a technical perspective,I will leave that to you whether is a need for an end speed zone.Why would not the simply that's legitimate or not.But those are my my concerns.Thank you posting of the new speed limit be the normal revolve,what difference does or is that legally required?I don't understand its Doug Lucente purpose. Thank you,Mr.Kanter for the question.I don't know. Thank you,Mr. Pato? Ms. Page could answer that?I do see Mr. Livsey on the call as well. Mr. Livsey might be able to answer it. Ms.Page would you Joe Pato prefer that I refer to Mr.Livsey? So thank you.I have a couple of comments was I appreciated this. How you noticing that the the verbal description didn't carry it Sheila Page all the way and I think it needs to and I agree with her that the either either way,but I can answer it.So end speed zone is crosswalk or the or the bus stop would be really good.So that's required.It's required to have a beginning sign and an end sign all the way to Slocum the other and I and I share Mr.Sandy's for the speed zone,the safety zones.And then the 25 mile per question about Harrington including that tiny little stretch in the in hour statutory speed limit is posted at our Town borders.And so the collected zone.With respect to the placement of the signs,I they're not posted amongst the roads in between.and that those have one concern and that is the turn coming off of Clark Street. are both Mass DOT regulations. Drivers are entering into the middle of the speed zone but they have no indication and currently there is a 25 mile an hour speed David Kanter limit sign in front of the library.So converting that into a 20 mile an Follow question please.Mr.Chairman, hour I sign I think would cover the those drivers that they now know they're in the zone and similarly coming off of Fletcher while Doug Lucente most of that traffic is here.Cutting through and getting out mass Mr. Kanter? app,there is a portion of that traffic that turns turns right and into mass out of there,again,entering in the middle of the zone David Kanter - 15 - I'm very concerned if people are being told the 20 is ended and because you have the fork there,we need the herring to mess up. they're not told concurrently.They're stepping into that sounds I don't know if that needs to say to Woburn street or to hunt road. absolutely crazy. I guess it would be to say,when we decided Doug Lucente Doug Lucente Thank you,Mr. Kanter.Appreciate it.Okay,are there any other Ms. Hai,I mean,Ms.Barry,I think it's covered because we have hands I saw another hand up, but it's gone.So I'm assuming in the motion it has Woburn Street from Hayes Lane to Mass Ave. there's no further questions from the audience.So,colleagues, is there a I just want to feel the temperature of the board as far as Suzie Barry timing,to members of the board feel that our three year time No,we're talking about the further part of Mass Ave from Woburn period is up?Do we feel that we want to get some feedback from Street the Center Committee or any of the other committees that maybe haven't weighed in on this latest version?I could hear from folks Doug Lucente on the Board that would be helpful Ms.Hai, I'm saying that the Woburn Street part is covered. Jill Hai Suzie Barry Well,I'm certainly happy to have discussion Center Committee on Okay,so then we need to change that to Mass Ave from Wednesday evening and get their feedback.I you know,my Harrington road to Slocum Road.Yes,and I do not have any feeling is that if in fact this is something which will improve the concerns about this and how it's going to correlate with the central safety and I I was witness to someone being struck and killed in streetscape project.It's time to move on this one.This one has the crosswalk,just you know,a summer ago.So I'm particularly been before the Board for at least three years as you heard it's a sensitive to this,I suppose.And I feel like if there's anything we passion and very important to Mr.Pato,and it is also hugely can do to increase the safety,I don't understand why we would important to Mr.Kelly. delay it.I understand that we will be making further changes when we get to the streetscape project but I mean I'm more than happy Doug Lucente to delay this to hear the Center Committee's input if there is Great. Mr.Sandeen.I do concur with those sentiments. something that you know perhaps they have from their perspective,which we're not considering and I would like to hear Mark Sandeen that but I wouldn't want to put this off the Yeah,the length of time I do.I would also support extending to Slocum.I hadn't mentioned until we complete the center streetscape. that before. But I do think it's important to move quickly on safety. And I also think it'll be calmer and a better environment for Doug Lucente pedestrians shopping in the center of Town. Okay,thank you,Ms. Hai, Mr.Pato. Doug Lucente Joe Pato Great.Thank you.And so I think considering we haven't seen this So I'm,I'm okay waiting to hear from the Center Committee.But I in a little bit of time it's back.We'll put it on very soon, like the 29th don't want to wait longer than that.This was overdue 10 years of June.That way,it'll be fresh in everybody's heads,and we can ago.We weren't able to do it 10 years ago.In the debate on how make the modifications.And hopefully we'll have the feedback on the center streetscapes should be designed,there was a lot of the Center Committee by then Ms.Hai,so we can maybe discussion about well,you should just reduce the speeds to 20. incorporate any of that feedback,if it's minor.It sounds like the Which we should but we couldn't.Now we can,and we should. Board is ready to move otherwise. It's it's long overdue,and,you know, I'm willing to hear Oh, no, the sign really should be here in slightly different place,or you Jill Hai missed this little bit of it.But I'm not looking for major input saying I will just note that the Center Committee has filed their agenda don't do it.I think I've heard a lot from residents that they want because there is 48 hours from now. So I will hope that we can this and it as Ms. Hai says,I don't want to see a couple more file an amended agenda in the morning and shoehorn this in pedestrians struck at a high speed.You know,I know drivers under a topic.I haven't looked at the agenda detail.I will see that won't always obey the speed limit.They don't obey all speed we can get to it this week. limits.But these changes typically will reduce speeds a little bit and every little bit helps. Doug Lucente Thank you Ms. Hai and I will try to keep this moving on to the Doug Lucente 29th.I'll make sure it's on the agenda at least.Okay.Thank you Ms. Barry as far as moving forward are waiting to hear back. for your feedback everyone on that.Our fifth item on the agenda this evening is for the Board to Approve and Amend the Regional Suzie Barry Housing Services Office Agreement. Mr. Malloy will make the So at this point,I am ready to move forward once this goes by the presentation on this item.Mr. Malloy I think you are muted. Center Committee,which hopefully will happen later this week. With us also adding Harrington Road and making the correction Jim Malloy or the addition that it's Mass Ave from Harrington to Woburn Sorry,I thought I clicked it and then I was getting ready to talk.So Street or,but then it says Woburn Street from Mass Ave to Hayes let me just get to that,sorry.The Regional Housing Services Lane. But then we need another thing on there that also says, Office,we've been talking amongst the communities.There are - 16 - several towns that are part of that.One of the things we are Doug Lucente looking at doing is just doing a three month extension to this fall, Great,the motion passes five to zero.Our sixth item on the and then we'll do the three year renewal is planned for this fall.So agenda this evening is for the board to review the Determination what you have before you tonight is just the 90 day extension so of Tree Hearing for 497 Concord Avenue.We are being joined by that we can get the three year agreement put together and Chris Filadoro,Superintendent of Public Grounds and the Tree brought before all the various sports. Warden and Dave Pinsonneault,the Director of Public Works.I'm going to move both of them over to panelists,so please bare with Doug Lucente me. Mr. Filadoro,Mr.Pinsonneault,can you hear me? Questions or comments on this item from the Board.We'll start with Mr.Sandeen. Chris Filadoro Yes,I can. Mark Sandeen I don't have any comments other than that,thank you for doing David Pinsonneault the work to get this moving forward. Yes,I can. Doug Lucente Doug Lucente Ms. Hai, none,Mr. Pato? Excellent. Mr. Filadoro were you going to walk us through where this currently stands, if you can,if you could give a recap. Joe Pato No comments. Chris Filadoro Yeah,so if you can hear me okay. Doug Lucente I have none, Ms.Barry. Doug Lucente Yeah,I just want to make sure everyone knows,this came before Suzie Barry the Board a few weeks ago.The Board asked the proponents and None. the neighbors to get together with some representatives to have the Tree Committee as well the Planning Board member and Mr. Doug Lucente Sandeen participated on that.So this is now coming back to us Great questions or comments from the audience on this item? for further review and discussion.Thank you. Okay,seeing none. I move to approve the agreement between the Town of Lexington and the Regional Housing Services Office Chris Filadoro for 90 days as attached and authorize the town manager to sign So just to recap,as you had said,we had a few few meetings on the agreement.Is there a second? site.One was with the school and the architects and town staff to go over some options.And as it says here in the memo,option Mark Sandeen one was the we're trying to we're trying to find a way to save the Second. tree.So we felt as though we found a way to save the tree by doing technical arborist techniques to save the root system.So Doug Lucente we had the tree in a good position where we felt felt safe.But as Moved in seconded by a roll call vote. Ms. Hai? we went through that whole process,we found out that the sight lines just were not working to the standards that the traffic study Jill Hai had had laid out and during their meeting out there,so we came Yes. up with a few other ideas.And then we met with the neighborhood and the other objectors from the Tree Committee,Mr.Paul and Doug Lucente Ms. Bloom from the Tree Committee.And we proposed our ideas Okay.Thank you, Mr.Pato? of,you know,trying to salvage the,you know,push everything over to the right. But there was still an issue with the sight lines. Joe Pato And we had Town engineers there from Town engineering staff to Yes. go over the sight lines,we actually had the the engineer who did the study on site as well to go over his review and what he found Doug Lucente out to be for the dangers of not having the proper setbacks.And I'm a yes, Ms. Barry? so we we left that meeting with unfortunately not being able to come into any conclusions.And then we met a second time out Suzie Barry there with the same group of people to try to rehash it out again Yes. and to go through some ideas.Unfortunately,we couldn't come to a conclusion,you know,the objections stood.We talked about Doug Lucente appraisals of the tree.We talked about mitigation ideas.And in Mr.Sandeen? my memo,you'll see the ideas that Town staff came up with,that we've done on a few other tree hearings in the past that seemed Mark Sandeen to kind of work out in our,you know,that everyone came to Yes. conclusion with. I know that's a lot of information,a few words, but that's about where we're at. - 17 - a little bit of value for everybody if we had time to sort of unpack Doug Lucente all this information and determine what's actually the truth,and Thank you,Mr. Filadoro.You know, I think from from my seat, not.I don't want to use the word the truth.I'm sorry. But you there's been a lot of information on this.And a lot today that has know,to validate what we're hearing is probably a better way of caused some confusion,perhaps a lack of clarity for me,on what, saying it. you know,are there other options that we're not seeing?So I'm going to get some feedback from the Board first on know how, Doug Lucente where they're sort of sitting with this project,and I'll,start with Mr. Ms. Hai anything further? Sandeen,because Mr.Sandeen was part of those proposals and part of those meetings.So I want to have the Board hear from him Jill Hai since he was kind enough to participate in those discussions. I guess I'm just curious.I certainly think it sounds like we do need Thank you,Mr.Sandeen? or there is more time needed.I'm not sure whether we are the ones who should be doing the validating or not,because this Mark Sandeen seems to me to have a lot of factual information.Is this the Sure.Well,thank you.Mr.Lucente,asked me to be the liaison sightline issue?Does the sightline issue apply here I also recall at from the Select Board to this group. Unfortunately,I became the last hearing,we heard that even if we were able to save the liaison,too late to meet for the first meeting,but I was a part of tree in order,you know by by moving the driveway that the the second meeting that Mr. Fiadoro was talking about.And in roadwork would impinge upon the root structure of a tree this that meeting,one of the...So Mr.Filadoro,talked about a lot of locked and therefore we would probably be causing the demise of different options,that were discussed in that meeting.One of the tree anyway. them,we haven't really talked about yet so far is that the abutting neighbor,offered to provide an easement to the school in order to Mark Sandeen move the drive onto the neighbor's property in order to save the If I understand.If I understand the option two laid out in the memo tree,and I think you'll see that in the,in the package.So at least they've figured out a way to save the tree anyway in this particular from my perspective,it looked like there might be a possibility of a case so,the issue is just can we get an easement or can we get a win win win.If we're able to save the tree,we're still able to get sight line. access to fire etc,and do that without additional cost to the Cotting School.So it sort of looked to me like it might be possible Jill Hai to do all of those things.I understand that there's still some So,I don't like to punt,but I don't feel qualified to make this engineering work to do and there's still some other questions to decision. consider.But that was my take away that there was some possibility that this might work and solve sightlines.So I'll leave it. Doug Lucente I'll leave it there.There's other things we could talk about, but I'll Okay,thank you Ms.Hai.Ms.Barry,you had your hand up,was just leave it there for right now. that to clarify? Doug Lucente Suzie Barry Thank you,Mr.Sandeen.Miss, Hai? Um,yes, Mr.Lucente, I was just gonna add.You mentioned this at the beginning of this particular item, but there was a lot of Jill Hai information that came through today.And you know, in reading So I think I'm just still pretty darn confused.We have a tree through the memo that we got from the Cotting School,and again, Warden,we have a Tree Committee,both of whom are,you so much information, I don't know,what's where. Put on the very know,our advisors.The Tree Committee has given us a specific last paragraph on their first page,it says the abutter hasn't been recommendation,the Tree Warden has laid out the options for us. present at any meetings, nor have they offered anything in writing Mr.Sandeen,is saying there's actually sort of another option that to the school in terms of an easement,and it seems like as Ms. was in the last meeting,which was to shift things. But now we're Hai was saying,we're being put in the middle of a situation with a we're sort of hearing that that's not at least according to this lot of players,and it's still not worked out.And I am incredibly memo.That's not really possible because that will leave us liable uncomfortable moving forward at this.I'm not even gonna say this for non conforming sightlines.Mr.Sandeen,am I is half baked.I'm saying we're still trying to figure out the misunderstanding what you were saying? ingredients in what we're making here.And I'm really uncomfortable with that.So I'm not comfortable moving forward Mark Sandeen c, with anything tonight. Well,you're 100%right to be confused because the whole thing is incredibly confusing and there's so many different moving parts in Doug Lucente this from my understanding one of the options that is not Thank you Ms. Barry. Mr.Pato. mentioned in here is the easement that the neighbor has an offer. And,well,we don't have an easement executed yet.But it is,it is Joe Pato an option that I think we might want to look at considering. So I agree.I mean,I think that it's unclear to me what the There's also new information which I don't think feel qualified to standard is.It's this isn't a road where it hasn't been determined opine on myself.That this sightline may or may not apply based to be a road, it's a driveway.So what applies,and my preference, on I mean,it's just a whole bunch of new information coming in I'd love to save this tree.And it seems like there was a technical this afternoon.And from my perspective, I think it might make for approach that could accomplish that.So I want to understand, is - 18 - there really an offer of an easement?And if so,who does not mitigation. Given a dialogue we've had with Town Counsel,we've accomplish the ability to create enough of a sight line to go learned that full value cannot be recovered. But the amount forward?So I would ask the parties to get it nailed down.But this recommended by the DPW Director in the motion does seem can't go on forever. I think all parties here,the neighbors and the reasonable.So if that can be agreed on that issue can then be put school are valued members of our community,and we have to aside and we can focus on whether there is in fact,a win win come to a resolution. solution to this.And you may not decide this tonight,but let me just throw out where I'm at.And I'm both Gloria Bloom and Doug Lucente especially Sharon Cerny have done a tremendous amount of Thank you,Mr. Pato.I think the other layer of confusion for me research and sort of brought together all these facts, but to also has to do with we had some back and forth information summarize,this is a driveway not a road. In the letter that Sharon regarding the dollar amount for mitigation.And then there was sent,she has copied the section from the so called AASHTO also some back and forth with what the Planning Board had voted standard, not so called the AASHTO standard,which we've been at their last meeting,which happened the same night as our relying on. Driveways are treated differently than roads,there be meeting.You know,and I'm,you know,the only the only question a desire to treat them exactly like roads. But if that's not practical, guess I would have is for Ms.Page or she's still with us here, the AASHTO standard says let's try to do the best possible about what what the impact of that Planning Board discussion approach.So my recommendation would be and this this could be was and how that transpired just to give a little bit more clarity. a straw man for future discussion that the Board not allow the tree And I see,I don't see Ms.Page here.Mr.Sandeen. to be removed.This would return this to the Planning Board that was part of their conditions that we recommend to the Planning Mark Sandeen Board they accept the practical solution,given that this is a talked to Mr.Creech this morning to ask what happened and he driveway.If they do that the driveway can be built.The tree can said there was a presentation by the school.And there were be saved and I believe that the easement is not needed for.And I some members of the Planning Board who wanted to save the may be wrong on this one,that for option two,and maybe Meg,if tree and that the proponent withdrew their proposal and there was she's on the call from Cotting can indicate whether the easement no vote was taken at the last meeting. is needed.If it's not needed,go ahead if the if the abutter agrees to the easement,I understand it can make a little easier to do. Doug Lucente And as far as the health of the tree a number of people on the on Okay.Thank you, Mr.Sandeen. Mr.Pato,and then I'll take some the tree committee have pointed out this is an oak tree, it has very questions or comments from the audience member. deep tap roots.And if care is done to work around those roots, there's a good probability the tree would be saved. So wouldn't it Joe Pato be better to go ahead and try to save the tree,make best efforts just wanted to observe the Mr. Horning,who is Vice Chair of the do due diligence and if it can't be saved,so be it but at least we Planning Board has his hand up. make our best effort to save the tree.And that is sort of a possible position.Thank you. Doug Lucente Oh,I will call on Mr. Hornig.Mr.Hornig,could you please unmute Doug Lucente yourself? Thank you very much,Mr.Paul.I do you have Ms. Buczynski which I will allow to talk.Megan Buczynski representing Cotting Charles Hornig School?Can you hear me? Thank you.Charles Hornig,Vice Chair of the Planning Board.Mr. Peter pretty much how to correct I wasn't sure you're going to get Megan Buczynski Ms. Page.The Cotting School had applied to the Planning Board I can yes. Can you hear me? to make a very slight adjustment in the driveway which wouldn't have affected the tree in the sense that the tree would have had Doug Lucente to be removed in either case,the Planning Board,some members Yes,you can thank you. of the Planning Board,were not very receptive to it and they determined to withdraw it because the the issue of the tree Megan Buczynski seemed to be on everyone's mind,not the exact location of the So thanks again for taking the time to review this again tonight. driveway.The adjustment only would have been to save some of know some information did come in at the last minute.Not the the maple trees on the west side of the driveway and there didn't lesson but but today,you know,right now what,what our problem seem to be a lot of interest in that. right now is is the 14.5 foot setback in the sight line around that tree.In the existing,you know,speed limit of conquer Dav,you Doug Lucente need to be able to have,you know,mostly clear sight for 300 and Thank you,Mr. Hornig.Appreciate that.We also have I do want to feet 305 feet down that road based on that mile per hour rate on hear from Mr. Paul from the Tree Committee. Mr. Paul,if you can the road.That's right from the ash to standards. Right now when unmute yourself? you put that put a car 14 and a half feet back in option two.And as Mr. Paul said,option two keeps it pushes basically the drive all Gerry Paul the way to the property line but doesn't require the easement.You I'm unmuted now. Can you hear me?Okay I was gonna read the can only see about 68 feet down the road,a sight line just to go position of the Tree Committee.But let me get right to the heart of around that tree,just using the geometry of it.A 68 foot sightline the heart of the two aspects of this matter.The first is concerning would have to be,you know,mile per hour below 15 miles per - 19 - hour,which really isn't realistic on that road. Right now it's a 35 willing to work but again, it was more or less within like a couple mile per hour zone. Even trying to reduce it to a school zone of feet.And I'll just point out the fact that if there was an easement which is 20 miles per hour.And as you guys were discussing a ever granted,within a couple of feet,the issue is that you're still little bit earlier,that sight distance still isn't isn't possible because gonna take down several trees to push if you're going to shift this we we don't even have I think for to get to 20 miles per hour you whole driveway over to save the oak tree,more trees are coming need 80 feet,you know clear sight distance so that 14 and a half down.They're not on Town property, but there's still trees that feet though We keep talking about in order to keep the road at 35 are,you know,within 30 feet of the roadside or 40 feet of the miles per hour,you'd have to be basically over on the neighbor's roadside.And that's just just something to point out as we look at driveway in order to get that,you know, geometrical sight trying to save trees.So,you know,you'd be looking at possibly distance.So,from coding standpoint,you know,we would we removing five or six trees that are much younger that are going to would love to save this tree,you know,it would be great, but go on for a long time to save one large tree which,again,like Mr. there's just I don't,from a liability standpoint.We can't go close to Paul said,it's got a it's got a large taproot.The truth of the matter the road than that 14.5 feet,we could go to planning board and is,is that and I love large trees,but as they get older, request them to waive it,but I'd be going with a plan that's not unfortunately,they do not get healthier.So we do we do look at stamped,because my traffic engineer is not going to stamp a things like that,but so again,I just wanted to point that out. plan.That's against the ax two standards.And so that's really, you know,one of our biggest concerns is how do I how do I bring Doug Lucente this to the planning board to do this without having an engineer Thank you,Mr. Filadoro.I'm not sure, if Mr. Livsey wanted to that will stamp that plan?And you know, even it's not something speak but,maybe not right this moment on this project.Mr. that professionally I would do is try to shop around just to get Sandeen. Did you did you want to provide photos you said? someone to give me the answer I want.You know,I have a traffic You're muted. engineer that I that I do.Trust that's well respected in the Commonwealth,and to ignore their recommendations in their Mark Sandeen design parameters. It's just not in the best interest of coding I think I think maybe we just should take question whether the school or frankly,the town.And so,you know,we would like to do Board wants to make a decision tonight or not.And if if we do the mitigation,you know,as best we can.And I think you know, want to make a decision,I have a couple pictures I took but I don't what you what's been proposed tonight is certainly calling is more think it's helpful if we're not interested in making a decision than willing to do you know,I know it sounds like there's a lot of tonight. information but it's really 14 and a half feet that sightline is not available I have that road without going below 15 miles per hour, Doug Lucente which I think to anyone is is not realistic.And so that's kind of Yeah,I'm,I'm personally not feeling extremely comfortable where we are right now. I mean,we went as someone mentioned because I do feel like a tsunami of info came in and I haven't had, we did go to planning board and in the tree that we were trying to I haven't had a chance to even digest the information I have,you negotiate to save by pushing the the drive slightly over,you know, know,some sense that our town engineer wants to give isn't a great treat is an invasive specie We're trying to save tree comment,but maybe after speaking with some some folks,so I'm canopy to help mitigate.But I can see the point of the planning going to take a couple more comments from the audience.And board member who brought it up,you know, it's not a great tree to then we I'll get a sense from the Board after that if, if we want to save anyways.And so,you know,hopefully by doing that move on and have this come back to us,and I apologize to mitigation,what we'd like to see is is you know,we can replace Cotting in the neighbors.You know, I wish I wish we could act on that tree with a with a much better tree and do things like that,but this tonight. But,you know, I don't think the Board is ready with from the standpoint of,you know,of saving that oak,I just don't the right information.And you know, Cotting has been a wonderful know how we can do it.I,you know, I heard with the easement. partner of the Town of Lexington and,and that this tree hearing My understanding is that and coding still hasn't seen anything has nothing sort of to do with that other than make us all feel like formal.That easement was,you know, I think it said something this is an even more difficult decision to make.So we have heard like a few feet,we'd be well over 20 feet into that neighbor's a quite an outpouring of feedback from the neighborhood on this property in order to get the 305 foot sight line from 14 and a half particular tree,which unlike I've never seen on a tree hearing feet back around that tree.So it's,the numbers are all all previously. So I'm going to hear from Gloria Bloom.Gloria,if you available. Um,it's just it's I don't I don't know how to not do that could unmute yourself. standard and how I can bring that to the planning board. If my traffic engineer,you know, in his professional opinion and his Gloria Bloom experience is not an agreement. Did that work?Yes.Okay,uh,yesterday. I'm on living on Loring Road and a Town Meeting Member from precinct four.Yesterday Doug Lucente I drove down concrete Avenue and I attempted to exit from the Thank you,Ms.Buczynski I do have Mr. Filadoro wanted to make driveway at the Goddard school.And I found that my view to the a comment Mr. Filadoro? right was blocked by a sign that the Goddard school put up there. And that I had a move uncomfortably further out into Concord Chris Filadoro Avenue. If I had wanted to make a left turn.Then I went to look at Thank you Mr. Lucente. Ms.Buczynski was touching on the fact the driveways at the Cotting School and I certainly agree the that the easement and we looked at the easement serve every Cotting school is a fine nonprofit school that serves many time we've been out there,we've looked at the easement.And communities and serves them well.However,their second that was the abutter that did send an email that said that they'd be driveway from driving from Waltham Street has virtually no - 20 - visibility onto Concord Avenue and if they're very concerned about that,liability,I would think that they have quite a bit of Doug Lucente liability from that driveway.And I have driven down the driveway Ms.Cerny your time is up,thank you.We have one last comment, at 497.And in reality,there is no problem with the view. I spoke to and this is the last one I'm taking because we're going to move on the engineer while I was at one of these meetings,and he said he since the Board is not going to act on this tonight,based on the would recommend even cutting down trees on the other side of feedback from my Board.I will take a comment from Bridget Irish. the appeal property,the one further down on Concord Avenue Bridget,can you unmute? because they are also in this sight line.And I hope that Sharon Cerny can speak that she has looked and I have looked at these Bridget Irish AASHTO regulations and frankly,have learned more about Okay,good evening,everyone.Thank you for again taking the AASHTO and roads and I ever wanted to know,I thank Charlie time.This is as you as you recognize a very complex issue.The Hornig and John Livsey for giving me links to things so I could find school I'm the Chief Operating Officer at Cotting School and the them.And there,AASHTO is very forgiving.about making school has spent a great deal of time and effort studying every exceptions when you can't move something,even on highways. option that we have available to us using our property,we have So if you've got a driveway,you can change the street just as the met with every member of Town departments that we can think of Barberry road entry violates an AASHTO stricture because it's to engage them in this process,including those folks and our paid only 37 feet from the drop from the driveway. But that was consultants who have provided us guidance on this.We really waived. So presumably it's possible.And the AASHTO guidelines haven't been able to come up with another solution that say it's a voluntary organization states make their own addresses the safety concerns that were raised by the Planning regulations.The Town has chosen to follow AASHTO and the Board,who are the folks that asked us to take down the tree to state regulations but AASHTO itself I believe,is forgiving.So and resolve some safety issues both coming into the property for the also in terms of it not being a good tree,at least Matt Foti thinks fire department and exiting the property?So,you know, I am a bit it's worth 40,000.Okay,so,and it's about an 80 year old tree.It's concerned that we're now being asked to now study options that a a while to replace a tree like that.Thank you. include our neighbor's property that hasn't officially been offered to us.I guess,if if the Board is looking to learn more,and Doug Lucente postpone this decision,it would be very helpful to the school to Thank you Ms. Bloom.We have Sharon Cerny with her hand up, understand what we can do to clarify this and how to help you Ms.Cerny, if you could unmute. learn all the complexities of this very complex process so that we can come to a resolution as soon as possible.Thank you. Sharon Cerny Yes,thank you so much.Um,I guess I'll move particularly on the Doug Lucente 14 and a half foot setback,which seems to be what's currently Thank you Ms.Irish appreciate it.Colleagues unless someone getting in the way and we address this we address the road feels differently,please speak up but I think you know,we we earlier,the AASHTO standards for the 497 drive,because it have some more information we want to get Is there any specific doesn't have an adequate offset with Barberry Road at 35 to 40 information anyone on the Board is looking for at this point that miles an hour,it should be 75 feet and the offset is only 35 and a would help moving forward over the next couple weeks?Okay, half feet. However,since it's driveway and not a road.,that was don't see any specific requests for information.I know for myself, waived because there wasn't,you know,it was waived. So this if it's a general flood of information and I would like to get an it's a driveway and not a road,then the site requirement the 14.5 understanding of the differences between a driveway and a feet is the desirable guideline.But it says right in the code where roadway. Ms. Hai? it is not practical,they should be located to provide the best reasonable sight distance and meet other design criteria to the Jill Hai extent practicable.In line with that,I also did a survey of there's I guess I was just gonna say what I would like if there's a way and 25 public roads and commercial exits on Concord Avenue from I don't know what they're mistreated. is the appropriate person to Spring Street,to the Belmont lines.That's on page 103-105 if you ask on or not?In the evaluation of the tree,I would like to circle want to look at that,and out of those 25,which are all the public back on the assertion that leaving the tree but putting a road in roads and the commercial exits from apartment building schools, that close to it is dooming the tree to a slow death instead of there's an office building Kites End only 36%met the 14 and a cutting and excavating now,in which case we would still lose the half foot setback requirement.And 56%clearly did not meet them. tree,but we would not have the mitigation of new trees planted. And the average setback for those that did not meet them was So I guess I would like a little more information on that. only nine and a half feet.So at the tree Doug Lucente Doug Lucente Great,thank you Ms.Hai,I see others nodding their head with Ms. Cerny you have 30 seconds. that any any further information?No. Okay.Thank you,everyone who came in for this item.We will continue this to hopefully the Sharon Cerny 29th of June meeting.And colleagues,I am at 7:51. I'm going to we have 12 feet so if it's viewed as a driveway than the same, move that we take a very brief recess of no more than five then it doesn't have to meet a specific the 14 and a half foot set minutes.So I'll see everyone back in five minutes.Thank you.I back.So if it was reduced to 12 foot,like the offset was reduced think everybody's rejoined us.I just enjoyed my delicious one from 75 to 37 and a half,then everybody could be happy the tree course meal of string cheese,which was amazing.Anyway,we're could stay. gonna move on to our seventh item on the agenda this evening, - 21 - which is for the Board to discuss the Hosmer House Request for Jill Hai Proposal. Mr. Malloy,will you please make the presentation on So I am good with it,I was able to be part of the working group. this item? So I have seen it before,the only comment I would make is if we should be so lucky as to have a surfeit of bidders,we may need to Jim Malloy make provision for more than one tour,given that the spaces are Yes,so attached is the updated RFP for the sale and moving of extremely confined inside the building.And I think,you know, the hosmer house.It's been bedded through the working group, social distancing would be very difficult to maintain if you had which included members from the Select Board,the Department more than three or four people in there. of Public Facilities,the Historic District Commission,the Housing Partnership Board,CPC,the Historic Commission and LexHab. Doug Lucente Two items for the Board's information is that there are due dates Very good point and timely Ms. Hai.Questions or comments from that have not been filled in yet because once we are ready to go the audience on this item.If folks could click on the raise hand on forward,and we've included the preservation restriction language, the zoom application.I have one person so far that would like to our Purchasing Director will have to figure that out working speak. Mr.Avram Baskin.Mr.Baskin,could you unmute yourself? backwards from the advertising date in the central register.And as I just mentioned,the second change is that we've changed the Avram Baskin deed restriction to a preservation restriction.Since we're selling I am unmuted.So Avram Baskin,43 Carville Avenue,Town the houses personal property, not as real estate.This will require Meeting Member precinct 2.So I think this is a hopefully a State approval but Town Counsel is advised that we can put the somebody will buy the property.And that will be that. However, RFP out to bid and seek State approval of the preservation my comment is more related to a plan B.I understand that there's restriction concurrently with the bidding process.We have also lots of issues with this being in the historic district and so on and reserve the right for the board to reject any and all bids so that the so forth. But I am going to give you a quote from one of my history Board has the ability to say no to any proposal that is not found to professors when I was in college,which was we are historians not be a positive proposal.And then my other comment is,we may, antiquarians.We shouldn't be saving something just for the sake well,actually two one is that I did get the preservation restriction of saving it.And that's really all I have to say.And I absolutely see over the weekend from Town Counsel.So during the course of the value in all of our historical locations here in Lexington. this week,my intention is to get it inserted into the document and get it to our Purchasing Director,so that can be put out to bid. Doug Lucente And then the other one is that we should probably have a Great,thank you,Mr.Baskin,appreciate that.Okay,I saw one of discussion at some point in time about what the plan B is if we do the hand up,but maybe it was an error.So with no further not receive any bitters because if we don't, is the decision to pick questions or comments from anyone, I'm going to make a motion it up and move it and sit it in the middle of the parking lot on steel to approve the RFP for the sale and moving of the Hosmer House girders,or is it to tear it down.And so those are two decisions that and further to authorize the Town Manager to advertise the sale, will need to be made.And if it's to tear it down,then we do need subject to Town Counsel providing a preservation restriction for to advise the HDC,who I believe has jurisdiction. historic preservation.Is there a second? Doug Lucente ' Joe Pato Thank you Mr. Malloy questions or comments on the RFP from Second? members of the Board.And just for the Board's awareness why this is on our agenda is we haven't had an opportunity to look at Doug Lucente the RFP before it goes out,and since we will be reviewing the Moved and seconded by a roll call vote. Ms. Hai? bids that may come in,it'll be helpful to see what they were bidding on.So that was the purpose of having this here.So if Jill Hai there's any feedback,you'd like to give Mr. Malloy,this point, Yes. before the bid,before the RFP goes out, now's your chance.We'll start with Mr. Pato. Doug Lucente Mr. Pato? Joe Pato So I'm okay with it.I'm hopeful that someone will respond. Joe Pato ' Yes. Doug Lucente Thank you,Mr. Pato.I concur.I hope There's an exciting project Doug Lucente to be had with this piece of not property but personal property. I'm a yes. Ms.Barry? Ms. Barry. Suzie Barry Suzie Barry Yes. I'm good with it.Thank you. Doug Lucente Doug Lucente ' Mr.Sandeen? Thank you,Mr.Sandeen?Miss Hey? Mark Sandeen - 22 - Yes. the Lexington Police Department is an accredited police agency which requires them to have policies which reflect best practices, Doug Lucente and addresses a lot of the issues that have happened in other Great.The motion passes five to zero.Our eighth item on the parts of the country.And I do believe that the combination of agenda this evening is for the Board to discuss next steps for having highly skilled highly educated police officers and combined Social and Racial Equity Initiatives.Ms.Barry with the police accredited agency has made a significant difference.That being said,our our Police Unions,both of them Suzie Barry want to be part of the discussion that the community has when we Mr.Lucente,so just to be clear for the board and for anyone have a community conversation.They want to take place and who's listening or watching or attending, as the Board is aware of they want to participate.And they want to have a mutually my husband works at the town of Lexington Police Department supportive relationship,not just with the Town leadership,but also due to the sensitivity of the issues that may be discussed this with the community.They believe that they have that now.One of evening and to avoid any appearance of conflict or questions as the things I expressed to them was that in one of my previous to whether the board can impartially address these issues.It will positions when I worked in the State of New York,as a Village be recusing myself from this discussion regardless of whether or Manager of Monticello, New York,we had a fairly major racial not there's a financial interest conflict under state ethics act. incident involving our police department where some alleged Nazi Massachusetts General Law chapter 268A in terms of how it and anti black stuff was found in the Police locker room and this applies to the Police Department.My understanding is this was in a very,very diverse community that is about 25 to 30% conversation might encompass more than just the Police black and about 15%Hispanic And the remaining population is Department.So Mr. Lucente and I spoke about this earlier today. split pretty much Jewish and non Jewish. It was a very Jewish If that is the case,I will just stop my video during that part of the area.And,and we had to actually bring in a agency that's part of conversation.I don't want you guys to think that anything has the US Justice Department that does community mediation gone wrong or has gone awful, but not sure how we're going to because it was getting to the point of near violence,some of our segment this conversation. Board meetings.And so I really have had the opportunity, unfortunately,to have experienced racial issues like that in a Doug Lucente community.And,and I have to say that in Massachusetts to the Great.Thank you,Ms.Barry,and as I think things move forward, communities I've worked for Sturbridge and Lexington are hopefully it'll be clear what to do.directions we're going in.And accredited police agencies.A lot of the officers have advanced that'll make it easier for you to choose which pieces of the degrees,and in Westborough,they're going through the process conversation to recuse from.Mr.Malloy, could you please make of becoming an accredited police agency.And so, personally,I've the presentation on this item? been proud to work with these individuals,because it does really make a huge difference.And this is really the the crux of why Jim Malloy we're having a community conversation there is systemic racism. Yes.So the Board had talked previously,and it was just last And that has to be dealt with.But that extends far beyond what Wednesday was later in the week.And so between Thursday, the Town can actually affect.You know,there are national Friday and today,I have not really moved it too much further, I did banking regulations that that affect and have affected people of exchange some emails with the National League of Cities REAL color for decades since the 1940s.And so there's things like that, program,which we had talked about,potentially trying to get their well,we can advocate we can't really make huge changes here executive director into facilitate a community conversation.And I locally. But there are some things that we can do,we can make also had sent a request to the Government Alliance for Racial sure that our policies and our regulations are not discriminatory. Equity,to talk to them about whether or not they could or if they We have good two way conversations,we can make sure that our know of another agency that would take a look at our policies by police agency is not only following all of the best practices,but laws and regulations to make sure that there wasn't any has the support that they need within the community because as unintentional bias or discriminatory language in any of those.And you can imagine,these guys are doing their very best and all then we also talked about putting together a task force.And just police officers have been painted with the same brush throughout between the couple of days of actual work,I just haven't had the the country and I think we need to take a pause and an time to put any of that together.I have, however,had the understand that we do need to address some major issues.But opportunity to have a meeting with our Police Chief and our two then in a community like this,that the police officers themselves Police Unions.I'm waiting to see if Ms.Barry will be going.And so really, really truly want to be part of the conversation deserve our last week,I did meet with them and the purpose was to discuss support.And so I wanted to be able to say that I know that in the the ongoing national debate of police and other areas of the board packet,and I know not everybody at home has the ability to country that have been using excessive force that has resulted in see everything that is in the Board packet.So I just wanted to let the deaths of black men and women.As part of that discussion.I me just open it real quick.Because there's a letter from the Police wanted to assure our officers in our please please step that we Patrolmens Association in which they stay that they write today on were Recognize that we don't have some of the same issues here behalf.This is from the President of their association on behalf of that have taken place around the country,apparently do have. the Lexington Police Patrolmens Association,and 32 police There are two major reasons that I believe that in Massachusetts officers he represents these men and women proudly serve the there is a difference.One is the Quinn bill,which over the years Town of Lexington every day with honor,integrity and respect. has resulted in Massachusetts having very highly educated police These are difficult times for our nation,the despicable acts agencies.And the second,which I think is more important when perpetrated in Minneapolis are disgrace and do not represent the it's combined with the highly educated police department is that overwhelming majority of men and women who put the uniform on - 23 - every day.The death of George Floyd should never have Jim Malloy happened,any use of force beyond what is necessary to protect For some reason,while I'm trying to open it and it's not opening. the public and or officers is unacceptable and should never be don't know why it's not.I'm sorry.And I had it open earlier and 1, tolerated. Members of the Lexington Police Department Police for some reason, it's open here,but it won't.Oh, here it is on my Patrolmens Association denounce the actions of those involved in other screen.It says,to James Malloy and Select Board. George Floyd's death.Under Chief Corr's leadership the men and Lexington Police Superiors Union Local 501 along with their women of the Lexington Police Department have embraced the brothers and sisters officers serving in the Lexington Police concepts of procedural justice deescalation,mental health Association.Appreciate the continued support of all town officials. awareness and critical crisis intervention.Implicit bias training six The concerns expressed by recent events undeniably cause the pillars of the President's Task Force on 21st Century Policing,as profession to closely examine all of its policies and procedures, well as full accreditation via the Massachusetts Police ensuring best practices that are being utilized.The Town's recent Accreditation Commission.In 2019 the Department left the support for new police station training facility show it's Massachusetts Civil Service and developed and improved hiring understanding that our police officers must have access to the process which allows us to test for and interview the best best training is understandable with the recent events that a available candidates to serve Lexington.These are just a few of commitment to a training facility should be revisited to ensure the the steps taken by the Lexington Police Department to serve Town's investment is going towards a facility that will provide best every member of our community regardless of race,religion or law enforcement practices.Lexington Police Superiors will sexual orientation. Professional men and women of the Lexington continue to serve this Town its citizens proudly enjoy the mutual Police Department embrace our relationship with our diverse supportive relationship with its citizens and Town officials look community.We have a distinguished legacy of providing quality forward to engaging in dialogue with the community and officials police services to the Town.We've also instituted a wide variety to meet the challenge of recent events have brought to light.We of outreach programs,which bring citizens both young and old will continue to provide the Town with exemplary services.So, together with members of our Department.We've made a obviously,with just a few days, it wasn't able to coordinate any of concerted and direct effort to bridge gaps and eliminate the other things that we talked about last Wednesday.But before multicultural fears.The effort put forth by both residents and our next meeting on the 29th,I hope to have some more definitive officers has created a wonderful and safe working environment ideas of what we can do as far as setting up some sort of a Task benefits us all mutually.This was one of the many reasons why Force to work on these issues,as well as having somebody set there are minimal complaints filed against our officers year after up that can do a facilitated community conversation,and also to year.We respect our citizens and they respect us.The Lexington be looking at our policies.So hopefully by the 29th will have that'll Police Department and its staff are a model not only for other give me some more time to actually get those moving forward. police departments immediately around Lexington,but regionally if not nationally.We have good men and women employed but Doug Lucente the Town of Lexington and it's extremely important in these Thank you Mr. Malloy.So I think this is sort of a shell of a plan for difficult times that it's not forgotten the flames of defunding and us to move forward.And I think tonight is about us hearing from dissolving Police Departments are growing ever higher day by the Board.What other ideas do you want to bring to the forefront day.It's important to remember that what put Lexington PD on the or refinements of the ideas that Mr.Malloy presented?In leading edge of 21st Century Policing was its dedication to response to what we heard at Town Meeting,and what we heard training and education.The very idea of redirecting funds from with regard to Article 16A,and what we heard,in general with the any police department seems to directly contradict the concept of community over the past few weeks, it's been a lot of information. developing highly trained and educated officers who can handle There's been a lot of feedback to the Board.We've we've any situation with professionalism and respect.These encounters received several suggestions over the past week.I'm sure I have often occur during our residents very worst day,and continuing to I'm sure other Board members have.You know,different things, invest in our officers training shares a positive outcome each and we should look at different policies we could adopt.I think,now's every time.I asked you formally and publicly supported men and the time for us to put everything on the table,and do a sort of a women about Lexington PD in the days and weeks ahead.We look at what what are the next steps we likely could go forward are not Derrick Chauvin.Our badges are not stained by the with If that makes sense to the rest of the Board to give directions actions of this one individual.We are proud professionals who to Mr. Malloy,either in addition to or instead of what has been love our jobs and love the community we serve. I received a mentioned here,so looking for feedback from anyone on the similar letter. Earlier today from the Police Supervisors union.I Board,what thoughts and ideas,Ms.Barry are you comfortable can find it. But that was it.I apparently don't have it open. Let me going or would you rather hear from your colleagues first? see,just one second. Suzie Barry Doug Lucente No,I can wait. Mr. Malloy,I'm not sure that wasn't in the packet I don't think. Doug Lucente Jim Malloy All right,so Mr.Sandeen? It was not in the packet.It came in late today. Mark Sandeen Kim Katzenback So my first thought is just we have to have a discussion about Do you want to share your screen? what the scope we're talking about, because we've had a whole bunch of issues that we're just sort of all sort of pushed into one - 24 - lump together and maybe those conversations don't all belong Board are about a DEI Officer.And I think that we need to face lumped together. Maybe there's separate conversations we need facts that that I think that is something we should be talking about to have,but it seems to me there's a issue which the Town more.I understand that we are looking at a time when we're Manager's mentioning about police policy that there's a lot of folks looking to contract budgets,and we're not looking to expand staff asking us to look at police policy.There's a lot of folks asking us or anything else. But I think that this is a crucial issue.I think we to look at racial justice,those things,have some linkage between have in other times,faced issues of expansion for particular them,but they're not necessarily the same.And then we then we positions where someone felt This was a particularly strong need, have the whole 16A Warrant Article,we have a big discussion I and we have managed to make it happen.And I can't imagine a think we need to have about what is the Town think about a firing need that is more important right now.So I would like to see us do range.And in some cases that will touch on these other issues of that.And then as far as the the review of the policies, I think that police policy,and some cases it'll touch on racial justice. In some that is really an appropriate request and something I would like to cases,it won't touch on either of those issues.So I'm just thinking see us move forward and whether that is an expansion, we need to have like,I don't think we're having one conversation, reimagination,replacement,or something else of what is I guess is what I'm saying.And I'm just wondering if the board is currently,I know the conversation initially started with the Police thinking that as well. Policy Manual Committee.So I don't always have the exact wording right. But certainly that's a place to start.But I do think we Doug Lucente need to be looking at all of our policies and seeing you know, Thank you,Mr.Sandeen.I would say I am not thinking of one where again,shining a little light in the corners.Where are the conversation singular,I think it's conversations.There's a there's other places where perhaps we unintentionally,are perpetuating a lot to unbundle here and there's a lot of feedback from different old policies that have a detrimental effect on residents of color or segments of our Lexington population that may,you know,be some other marginalized part of our society.So I really think that more or less comfortable in different settings with different topics. this is an important piece and I can't emphasize how strongly I So I think it's more than one myself. Ms. Hai?I'm sorry, Mr. feel we need to not let the sunset so to speak and let this fade Sandeen? want to keep this in the limelight. Mark Sandeen Doug Lucente After you talk about scope,then Mr. Malloy mentioned one,one Thank you Ms Hai,Mr. Pato? expert that he's thinking about and looking at a couple.I think there's a conversation we need to have as a Board of what Joe Pato ' experts we need to be consulting.And what members of the I don't want to repeat what my colleagues have said I agree with community are the appropriate stakeholders to have in our them.I think it's important to remember that one of our primary discussions?And I'm sure other Board members will cover the goals as a Board was to have that Lexington as a community that rest of the things that I have on my mind. is welcoming for all ages and stages,and all racism all for all period.And this is one of our I don't know exactly which slot it was Doug Lucente ' in, but it was it was one of the the goals we spent a fair amount of Great,thank you. Ms.Hai? time talking to,if we set some concrete steps forward with respect to looking at staffing and the like,and I think Ms. Hai may be right Jill Hai in that we might need a Diversity Equity and Inclusion Officer as Thank you. So,the one program,which I think I mentioned a part of a way of realizing those steps and focusing action moving couple weeks ago, Mr.Malloy mentioned today was the REAL forward.Staffing is something that the Board doesn't set and we program by the National League of Cities.And we did hear a recommend,we need this function dealt with to meet the goal. presentation,Arlington is participating in that program,and I think And then it's up to the Town Manager to come back. But this sure it has a lot of structure that would be helpful for us in addressing sounds like it may meet the focus of an individual.I think that this what is the impact from redlining on what our existing zoning is, is a problem and discussion that should be with,well the problem as we move forward and all the things that we're talking about shouldn't be with us,but will be with us no doubt,as a society for now in our housing,and in our comprehensive plan,we have to for a long time.It certainly has been with us for hundreds of years, have that in our minds as well.So I think that having someone if not more,and we need to keep engaging in the discussion.And come in and help us make this a thorough,comprehensive and it is broad,but while it is broad enough is also come to a head inclusive set of conversations is important because I don't think around specific issues.And I think we have to address those as we're at the point where just everybody spitballing ideas is going well in a focused map matter.So looking at our police policies and to get us where we need to go.I think we need to make sure that allowing the community to really see and to opine on what we're we are following through in all the arenas in which we operate and looking for.I know,and I think I've said this before,but a lot of the making sure that we are,you know,checking the corners and policies that people have been asking for are the policies that are dusting under the rug.So I think that that is one piece I would fully in our policy book.And what's more important is it is how our support.You know,even though I understand we have to join the police force acts.And it is easy to take a look at a global stage as League of Cities,I think we probably should be doing that. you look at a large urban stage and say,there is a problem and it Anyway,I'm happy to do that,to see that expenditure.And I think seems to percolate everywhere.But it is really important to take a that would be a great first step,and if not that particular program, look at your neighbors and see how is it executing and when it something along those lines,which is a comprehensive outline. when it fails,that we need to fix it.And so we have to have that The other things I think we've heard long and in many different discussion.I have noticed some national leaders who are typically conversations over the last several years that I've been on this thought of as being radical,who have come out and said,well, - 25 - what does moving forward and defunding a police agency look Thank you,Mr. Sandeen.Mr.Malloy,did you want to respond or like?It looks like a suburban police agency.And you know what, or ask any clarifying questions of my colleagues before we move ours is,as you suggested,Mr.Malloy suggested,in the letter from to audience comments? the Police Department,we can be a model for the country.And think we are executing in most ways as a model already.So I've Jim Malloy gone a lot longer than I was intending to but the I do think that not I'm not really I think that all of the Board members comments only do we need to address the broad issues of social equity and were absolutely appropriate and very clear.And I think that by the racial equity,we really do need to work through in detail some of 29th,what I'm going to try to do is,at least have the sort of a draft those issues around policing so that the community understands of what some of the different components would be.And also and so that we can adjust where necessary. some responses from some of the different people that I've already contacted.So we can start moving forward. Doug Lucente Thank you,Mr. Pato.Ms.Barry,did you want to add anything? Doug Lucente Great,thank you,Mr.Malloy.I'm going to move to the audience. Suzie Barry But we do have with us both the Chair and Vice Chair of the Sure.So I agree with pretty much everything that has been said,I Human Rights Committee.So I'm going to call on Mona Roy first. think this is a complex issue.And I think we're going to need to Mona,if you could unmute yourself. break it down into parts.I think one thing I'm hoping the Board is all going to agree upon is that these need to be facilitated Mona Roy conversations.And so I also hope that our next meeting on the Yes,I'm here, Doug.Tanya is also here. 29th when Mr. Malloy brings us more information,we can take a concrete step of moving forward and possibly even breaking out Doug Lucente the calendar and setting a target of when we might like to have I'll unmute Tanya as well.Tanya,if you could click the unmute our first one I'm not saying right down to the day and the time,but button. Did you all want to make a statement now? a sense of which month,I think the community is really looking for us to take the lead on this.The other part I will say on this is when Mona Roy people say we have a lot of work to do.I look at this entire issue Yes,well,I think that more than a statement we wanted to hear as it's no different than exercising,eating,wanting to lose weight. first what all of you had to say.And we think that Jill's idea.Sorry, It's something you have to work on every single day.It's not like Jill I meanth to email you that we think it's a wonderful opportunity we have a couple of conversations and then suddenly everything to explore.This programming,I think there's a lot of work that's is better.There is no magic wand here, and different people are already been done in this equity area.So this is something that going to arrive at this from different places.And there's going to hope that the Select Board will consider.I agree.I think the Board be different stages of enlightenment.And it's going to be painful. members all said this one way or another,which is that there's, And it's going to be joyous.But it's very difficult work that's going you know,it started off kind of as a discussion about the police. to be ongoing.So I would also like to recommend that we come But actually,we have we have a lot of other equity issues,you up with some wording that encompasses what it is we're trying to know, in perhaps it should be a broader conversation about do.And then that becomes an ongoing agenda item on our equity,because I and I think I don't want to repeat myself, but I agenda,as we have done with items that have been of other said this at our Human Rights Committee meeting,the racism importance for us.Whether it just means at a meeting,it's just a doesn't start at the police level racism starts in the very early simple check in or if there's a more detailed report,we really need years we had I know, Mr.Sandeen,and Mr. Lucente,were at our to indicate to the community that we are leading on this issue. conversation on race this year where we talked about that and so And it's that important that we are going to set aside 15 or 20 we we recognize that this is something systemic that we have to minutes during every single meeting to talk about this. work on.We certainly appreciate Ms. Barry's comments on that, that it should be a regular discussion so that we know that nothing Doug Lucente is slipping and that we are keeping on top of it.We appreciate the Thank you,Ms.Barry.Mr.Sandeen? endorsement of our idea from June of 2019 to hire a DEI officer, we think that's something that is very important.It's very,very Mark Sandeen difficult to understand what is going on in Town.And it's it's very I have one more point.Every one of the Select Board would helpful to have an expert in that area give advice.So I hope that's probably be shocked to hear me say this,but I think we need to something that will be under serious consideration.I heard be basing our decisions on data.What is it that our police officers someone mentioned,potentially a task force,I guess, I would like do 90%of the time 80%of the time.You know,what kind of calls to know,more details about that.Because I think if it's a task do they go on?How many people do we have?And if we're force,you know what the intentions would be,what the scope basing our decisions on data,we can get out,hopefully,we can would be,who would be on it,because I think it's very important make decisions as to where we want to go without a lot of that if we have this sort of ad hoc committee or task force that we emotion.And,and I think it will,it'll help a lot if we base on data. make its parameters clear,and we understand what voices need That's all I want say. to be amplified because ultimately inequity happens because we don't hear the voices that we need to hear.And so it's very Doug Lucente ' important to amplify those voices so that they can be heard.So that's something I look forward to hearing future details on.I know I sent a fairly long list I don't think I want to take up too much time - 26 - reading it unless you would like for me to. But I think you know make sure that not only the offices understand what we should be some of these most of these were actually voted on by the doing, but the general public understands.We want to be part of Human Rights Committee last year and sent to the Board of the discussion because as the previous speaker just said,there is Selectmen.At the time you're the Board of Selectmen.So I hope a lot of emotion. I think there's a lot of people who don't that now the Select Board will consider these ideas and we look understand what the Police Department currently does.The forward to really being helpful.That's the most important that's our emails and Facebook posts clearly indicate that people are we work for you.We work for the Town.We work for our we're unaware of what we do.And I have to take ownership of that,that just your friends and neighbors.We're here to support these I have not done a good job over the years of telling the public of efforts,with programming and with other efforts as needed,so what we actually do.But it's also an opportunity for the leadership that we can move forward and make Lexington even a better of the Town of Lexington to come together and make the place to live. commitment and tell people what we're doing well and listen to what we can improve upon.And thank you for letting me just say Doug Lucente a quick snippet. Thank you,Ms.Roy. Ms.Gisolfi? Doug Lucente Tanya Gisolfi Thank you Chief, I appreciate it.We'll now hear from Mr.Steve Tanya Gisolfi,22 Cliff Avenue.I guess my only comment is Kaufman, Mr. Kaufman if you could unmute yourself? facilitation.I think facilitation is excellent.And I think that we would really benefit from an expert and we said this in our letter, Steve Kaufman our LHRC letter last year or maybe the year before,but we think Thank you,Steve Kaufman,Town Meeting Member precinct 5.1 that the facilitator should be someone outside of the Town of appreciate the opportunity. I was overwhelmed during the Lexington so that facilitation doesn't have any bias of anyone discussions during Town Meeting by my constituents.Reaching who's already here and who has listened to all their friends and out to me,especially younger constituents and expressing a neighbors.And just as someone from outside who comes in with profound concern about policing in general.And I want to just a clean slate and an open mind and viewpoint. make make a few points.One,that the concern is from everything that people are observing and seeing whether or not it has Doug Lucente anything to do with Lexington.And people are very concerned, Great thank you Ms.Gisolfi,I could not agree with you more,I they need a place to voice their concern and dissatisfaction.And think outside is really important.So next,we have Avram Baskin. you need to allow that process to occur.I would strongly,you Mr.Baskin,you had your hand up? know,endorsed this idea of having a community meeting where you could lay out a vision for policing in Lexington.So let those Avram Baskin people who are concerned voice their concerns,the youth Yes,I did.So I agree with Mr.Sandeen.about data being very community,the minority community,but also to lay out a vision important. However, I'm basing this on some of the emails that that people can try to embrace about the future and that that were shared by some of the other town meeting members that process is very important for you get to the next set of issues, they had received and considered That this is such an emotional which would be things like embracing standards for policing like 8 issue,that data alone may not be sufficient to help resolve this Can't Wait,which the Boston Police have endorsed or other issue.And so,this is just a suggestion.But I think it's it's all fine standards.The standards have to support the vision and people to,you know,put that on those letters from two police unions in have to agree on the vision.The data,the metrics,are basically the in the board of selectmen packet.And well,I would like to measuring whether you're hitting the standards or not.And it's think that everybody is so involved in the town that they all read really important to report on those,but you can't,you know,put the board of selectmen packet,but I think we know that's not the cart before the horse and start throwing out metrics before really the case.So there has to be a way to get messages like people believe in the vision and the standards.And then finally,I those out to the community,as well as the message that I shared think this is extremely important, is a concept of consequences. from Rabbi Jaffe that he wrote after he attended the vigil last You know,one of the big differences between Minneapolis and week.Those are the sorts of like qualitative things that I think Atlanta,for example, is officers had a history of problems,and would appeal to people's emotions.Just as much as just as that there were no consequences.And I think it's very important that would be just as important as getting the data out there and Lexington highlights what consequences there are when people disseminating that in an appropriate manner. misbehave and measures itself regularly on whether or not it's living up to the standards that it's imposed.So I think if you take a Doug Lucente process like that,with giving people an opportunity to voice their Great.Thank you,Mr.Baskin, I appreciate your comments.We'll concerns,having a clear vision that people can embrace,having now hear from Chief Mark Corr.Chief Corr if you could unmute standards metrics to measure whether you're hitting those yourself. standards and unclear consequences.That's the kind of process that would really support what the community's been saying.And Mark Corr I promised my constituents,I would just give them to this through Thank you very much to the Select Board and to the Town and thank you for the opportunity. Manager.I can't express how proud I am of the men and women of the Lexington Police Department at this time.We want to be Doug Lucente part of the discussion.We're far from perfect.We're already Thank you,Mr. Kaufman,appreciate you joining us tonight and looking at policy and trying to look where we can reword policy to sharing those thoughts.Okay,now we will hear from Mr.Sean - 27 - Osborne,former chair of the Lexington Human Rights Committee. before we worry about the training,and I want thank you all for Mr. Osborne? your time and for your engagement in this. Sean Osborne Doug Lucente Thank you,Mr. Lucente.and good evening to everyone on the Great thank you Mr.Osborne appreciate it. Next we will hear from Select board.I want to start by publicly thanking each of you for Mr. Bridger McGraw.Mr.McGraw, can you unmute yourself? signing the race equity pledge for elected officials.Your public acknowledgement that racism is evil and has been a part of our Bridger McGaw country from birth and that it pops up my privilege and white Good evening. Can you hear me?Bridger McGaw precinct 6 supremacy,premises ideas,ideologies are important to our Town Meeting Member.Members of the Select Board, Mr. Malloy, community discussion on social racial equity initiatives.That said, I really appreciate so much your comments tonight around the I am concerned that our discussion here locally in Lexington and professionalism of our police officers in Town and their naturally starts off on the defensive defending the police enthusiasm for participating in the community dialogue around defending the police defending the department, not the focus,the both the national conversation regarding police violence against focus is the community.They are they work for the community.So black people and also about the impact of racism here in what as a previous speaker said,what is the community's vision? Massachusetts and in our own community.Thank you.remissive What are they?What does the community want What does the Thank you,Tanya and Mona and for your articulation of the community need?What are the alternatives?So 1,you know, systemic roots of the problem of racism as well.There are many, having seen fire departments get defunded over the years in there are many threads and places we need to look at as we Massachusetts. Having seen pPublic works departments and tackle this national conversation locally.I currently serve as a schools as well,there's no reason to think that the police security director for a private company and I work with law department is the sacred cow.And if we start off from that enforcement agencies frequently.And I'm the I'm the past posture,then it negates the ability to actually think about reform. president of our employee diversity council,which has given me a So I urge you all to think about that when you continue these lot of,you know, insights and challenges and how we approach conversations to pause on the support because then you're you're these issues in the workplace.I too agree that this conversation you're already silencing those who might be in dissent.So I around diversity inclusion and confronting system systemic racism promised Mr. Lucente that I would be short which is rare for me. is an important conversation for Lexington residents to have and Um and and only give you the highlights and then give my written that there are numerous groups and best practices out there that written notes later.One,I think that a future policing Task Force is we can leverage we will not start without support.In my previous important that it should be similar to the 2020 Vision Committee role in the Obama Administration at the Department of Homeland selected by a Select Board with a similar vision and work as the Security,I worked with the some of the nation's largest police Select Board.I understand I agree with what Ms. Barry said and forces and conducting counterterrorism training and exercises that perhaps that task force will roll into being a committee similar with first responders and community based organizations,which to the 2020 Vision Committee that looks at you know,where are was what we refer to as a whole of community conversation.And we and where we want to be in terms of policing because there before the training was even written,we'd have these are lots of questions in terms of level of service in terms of conversations where we'd ask the same question,what problem whether or not we want places to be responding to school issues, or problems are we as a community trying to solve with our or construction details.Lots of other ways to think about policing investment in staffing,police policy training and operations?And here in Lexington.I agree with the DEI Officer recommendation, think that's just an important question to ask here as well as we but I like the idea of thinking of as a Diversity Officer instead, can,as we're continuing to invest in important Lexington Police similar to what Boston has,that helps the Town departments set requirements into the future.to just keep in mind because,you and meet goals to increase the diversity of town employees and know,I would encourage multiple efforts,as we've talked about, works to improve services across?That's my vision of the DEI or and many of the other Town Meeting Members have noted. Diversity Officer.And I do believe that,you know,as Chief Corr Multiple efforts could be scoped around these issues,so that you mentioned,it's important to,to continue to have the conversation end up with actionable results whether you know,their community and what I like about the Police Policy Manual Committee,we meetings or working groups or task forces.You know,there's a lot starting that is that that's another way to continue having the of challenges here to unpack,and we want to design solutions,all conversation need to have a variety of conversations going of us that can help achieve those outcomes that we've been because policing is indeed complex. It is evolving,and when we sharing tonight.And I would encourage us to be creative in and say that it reflects our values,that means things like,do we allow making sure that they don't all end up in one group.So that so racial profiling as other departments do?Do we say that if you that we can actually drive on some some positive action. are... Doug Lucente ' Doug Lucente Thanks.Thank you,Mr.McGaw I appreciate your comments.And Mr. Osborn,I hate to cut you off, but you're at your three minutes I think one thing I've learned this evening and continue to learn as if you can just finish your sentence. this is a process,not an event.So we will we have to go through this process and it will be time consuming and it will be worth it. Sean Osborne So I look forward to working with my colleagues on this.And as Last sentance was,if we are serious about a reformed we have to Mr. Pato eloquently said,this was one of our top priorities for the look at what we allow and not allow in terms of our personnel Board and it's just come to light that we need,you know,we need to continue to focus on this more closely than we have in the past. - 28 - So thank you everyone who came and spoke appreciate It We are Unfortunately,the Police Chief is no longer on the call.But I think now going to move on unless members of the Board have it depends on the type of an event you know,birthday celebration anything else they want to add from what they heard or Mr.Malloy for someone turning 13 and the kids and friends drive by is one wants to add anything from what he heard from any of the thing.I think,when it's an advertised event,expecting a larger speakers but otherwise I think we will move on. Okay, not seeing crowd using the main avenue as the parade route,I think it anyone raise their hands.So our ninth item on the agenda this changes the scope of it a little. evening is for the Board to discuss a route to review a request for a Car Parade for Lexington Goes Purple. Lexington Goes Purple Mark Sandeen has submitted a request to hold the Lexington Goes Purple Car Okay,so neighbors getting 10 or 15 cars and driving by and Parade on Thursday June 18 2020,with an alternative date of honking their horns by somebody's house is not what you would Thursday,June 25 2020.To start approximately at 1 pm.With an consider a parade? assembly and starting point at the Lexington Lodge of Elks parking lot.The car parade will disperse at the Bedford street Doug Lucente intersection of Mass Ave at approximately 2pm.Attached to the Right?No and and some families that would just be everybody packet this evening was a letter of request in the map outlining coming over for dinner. the details including the full parade route.The DPW and the Police have reviewed this request and have no objections. Mark Sandeen Colleagues,I also want to add that I did have an inquiry as to why Which families are we talking about?My family, we are approving car parades.And the reason is,and some of these,I believe have happened without knowledge of the Board. Suzie Barry There's been other parades.But our Town Bylaws Section 192- Doug's family. 43,which covers parades in processions,states that no processions or parades shall occupy march or proceed along any Doug Lucente roadway except in accordance with the permit issued by the Chief So,but thank you, Mr.Sandeen for the comments. Ms.Hai. of Police or the Board of Selectmen, now Select Board.While this parade request came through our Select Board office.I would Jill Hai also like to hear some feedback from members of the Board,if So I support both this application and the deferral to the Police they think going forward during the state of emergency.If we Chief,although I would want a notice to come to us so that we defer the To the Police chief,which is allowed by the by law so were aware of what was going on and could participate if we so that the approvals can happen more expeditiously,especially as it's all fit. we head into less frequent meetings be more difficult.And I think, you know,we,as a Board haven't seen that many car parades Doug Lucente prior to COVID.Because most of them were regular parades,or Okay, Mr. Malloy, I think that's a good idea if you could have let they were events being held somewhere.So car parades is sort let Police Chief Corr know, I think that is helpful. Mr. Pato. of a new phenomenon,which I think it's a good one, but we don't want to get in the way of people's planning and events.So I would Joe Pato like to hear some feedback on the request,and on the concept of So I agree on both counts.The only question I have about this delegating to the Police Chief going forward. So we'll we'll start particular one is it lists striving onto property for a number of with Ms.Barry. parties.And I assume they spoken to those parties that they're coming on board so I just would want to know that they had Suzie Barry Thank you,Mr. Lucente.I support this request,and I absolutely Jeanne Krieger support delegating this to the Chief of Police. Great future future We do have with us, Ms.Jeanne Krieger,so I'm going to allow corporate sorry. Ms.Krieger to talk if she would and address that question.If you could push,the unmute button Ms.Krieger?Yeah,um,I have not Doug Lucente yet approached all of the facilities but certainly will before we Yes,thank you,Mr.Sandeen? embark upon the parade.I wanted to have permission first.But do appreciate the opportunity to bring some visible attention to Mark Sandeen June is Brain Awareness Month and are those who are living with As do 1.1 am kind of amused by the notion of a car parade.I dementia. mean,I've parked I was raising my hand saying I've participated in what I didn't really think of it as a parade.We had a friend who Doug Lucente had been in the hospital for months,he came home and we all Thank you Ms. Krieger.Appreciate that,and 1,myself fully support drove by his house in a wave that wasn't like anybody thought of this.And I would welcome delegating this to the Chief.So any doing it as sort of an organic thing.Do we have to ask people to questions or comments from the Audience on this item.Okay, go and get permission from the Police Chief to drive by their seeing none.I move to approve the request from Lexington Goes friend's house and wave?I don't know.You know,so that's sort of Purple to hold a Lexington Goes Purple Car Parade on Thursday, what's going on in my mind. June 18 2020 as outlined in their request letter dated June 5 20.1 further move that future cooperate request shall be handled solely Doug Lucente by the police chief during the state of emergency.Is there a second? - 29 - I have nothing.Thank you. Jill Hai Second? Jill Hai I have nothing either.So therefore I moved to,oh wait sorry, Doug Lucente questions or comments from the public.Star nine if you're on the Moved and seconded by a roll call vote Ms. Hai? phone or raise hand if you are on zoom. Look at that. I even remember this is my first chairing on zoom.All right,seeing Jill Hai nothing.I moved to reappoint Sondra Lucente and Lorraine Yes. Marquis to the Town Celebrations Committee for a term set to expire on June 30 2023.Is there a second? Doug Lucente ' Mr. Pato? Mark Sandeen Second. Joe Pato Yes. Jill Hai Thank you moved in seconded by a roll call vote. Mr. Pato? Doug Lucente I'm a yes. Ms. Barry? Joe Pato Yes. Suzie Barry Yes Jill Hai Ms.Barry? Doug Lucente Mr.Sandeen? Suzie Barry Yes. Mark Sandeen Yes. Jill Hai Mr.Sandeen? Doug Lucente Great,the motion passes five to zero.Ms.Krieger,good luck with Mark Sandeen the parade.Thank you for all your advocacy. Okay,so we're Yes. going to move on to our tenth item on the agenda this evening. Colleagues,this is a agenda item for Select Board Committee Jill Hai Appointments and Reappointments And since I have to recuse on And I am a yes,so the motion passes four to zero. Mr.Lucente one of the items and one of the appointments,I'm going to split will now rejoin the meeting and take over the zoom. this into two discussions and two motions. Ms. Hai will take over as Chair for this part,and I will rejoin when this part is completed. Doug Lucente Ms. Hai, it's all you. Thank you Ms. Hai.Before I get to the next item,Mr. Pato had requested that we have a discussion regarding the Minuteman Jill Hai Regional Vocational Technical School Committee appointment. So we have this evening to Town Celebrations Committee So I'm going to separate that out as well so we can have a Reappointments.The three year term of the following Town separate discussion and get through the rest of the appointments. Celebration Committee members expire on June 30 2020.The So,bear with me while I make sure I've reorganized this a little. committee has requested that both members be reappointed for a The Board is being asked to reappoint Mike Barrett and Hank three year term expiring on June 30 2023.Those members are Manz to three year terms as members of the Hanscom Field Sondra Lucente and Lorraine Marquis.Questions or comments Advisory Commission since their terms are set to expire on June from the Board on this item?We will start with Mr.Sandeen. 30 2020.The Board is being asked to reappoint both members for a three year term set to expire on June 30 2023.The Board is Mark Sandeen also being asked to appoint sorry,Town Celebrations Committee have no comments, I support this. has requested to move Geetha Padaki up from the TCC subcommittee to be appointed as a full member of the Town Jill Hai Celebrations Committee for a term to expire on June 30 2023, Thank you,Mr. Pato? and the majority of members of the Town Celebration Subcommittee wish to be reappointed for another term set to Joe Pato expire on June 30 2021.Paul Jenkins and David Taylor do not No comments. wish to be reappointed at this time.We thank them for their service.The following members who wish to be reappointed have Jill Hai a term expiration of June 30 2020.And those members are Ms. Barry? William"Glen"Bassett,Suzanne Caton,Stephen Cole,Jr.,Wei Ding,Mary Hutton,Gresh Lattimore,Wayne Miller,Rita Pandey, Suzie Barry Ashley Rooney,Susan Stering,and Samuel Zales.The Board is - 30 - also being asked to reappoint Kim Katzenback as Executive Clerk Doug Lucente to the Select Board,whose term was due to expire on June 30 Mr. Pato? 2020.And finally the Board is being asked to reappoint Police Chief Mark Corr as Keeper of the Lockup whose term is due to Joe Pato expire on June 30 2020 questions or comments on those Yes. appointments from anyone on the board?Ms. Barry. Doug Lucente Suzie Barry I'm a yes, Ms.Barry? Mr.Lucente,I just want to point out that I believe Mr. Paul Jenkins has been affiliated with the Town Celebrations Committee going Suzie Barry all the way back to either his years in high school or slightly after Yes. high school,which was back I think 1976.So I just want to make sure that we duly note his service and dedication to that Doug Lucente committee and thank him profusely for his time. Mr.Sandeen? Doug Lucente ' Mark Sandeen Thank you very for pointing that out.That is a long service to Yes. Lexington.We appreciate it.We will make sure to include that in the letter we send to Mr.Jenkins.Any further questions or Doug Lucente comments from the Board on this item? Great.Okay.Our last part is section three.The as the Board knows Mr. Dave Horton,his term as Lexington's representative on Mark Corr the Minuteman Regional Vocational Technical School Committee What is a keeper of lockup? expires on June 30 2020.Mr. Horton has indicated he does not wish to be reappointed.A letter thanking Mr Horton will be sent Doug Lucente thanking him for his service.The Board is being asked to appoint Keeper Lockup is a state,I think we have to do it by state law.We Judith Crocker as the Lexington representative to the Minuteman have to appoint someone in the municipality to do that.So Mr. Regional Vocational Technical School Committee for a three year Malloy,do you want to elaborate on that at all? term to be effective on July 1 2020.Mr. Pato? Jim Malloy Joe Pato That's all it is.It's who's in charge of the jail that's in Town. It's like So I asked Mr.Lucente to split this out because I'd like for the a fence viewer. Sealer of Weights and Measures.We have all Board to consider deferring action on this and reopening these ancient things here,Massachusetts. solicitation. During my due diligence for this position. I contacted a fair number of current and former school committee members in Doug Lucente Lexington to get a sense of both role and and individual.And Thank you,Mr. Malloy.Any questions or comments from the was surprised to find at least several of the members I contacted, audience on this part of the item 10.Okay,seeing none. I moved were unaware that this position was open.They might say look, to reappoint Mike Barrett and Hank Manz to the Hanscom Field we've advertised it,etc.But we only got one applicant.And this is Advisory Commission for a term set to expire on June 30 2023. a significant position.This is the Town's representative on the And further move to appoint Geetha Padaki to the Town regional school committee.And I think it behooves us to really Celebrations Committee for a term set to expire on June 30 2023. look and see who's who is available,what their philosophy of a And further move to reappoint William"Glen"Bassett,Suzanne school of vocational school moving forward is.And that if we take Caton,Stephen Cole,Jr.,Wei Ding, Mary Hutton,Gresh the time to find the best representative,and I say this with no Lattimore,Wayne Miller,Rita Pandey,Ashley Rooney,Susan prejudice with respect to the current applicant,I do know that at Stering,and Samuel Zales to the Town Celebration least one of the former school committee members that I spoke Subcommittee,terms set to expire in June 30 2021.And further to,who had not been aware of did submit an application,it turns move to reappoint Kim Katzenback as Executive Clerk to the out after the deadline,and,and I think there may be more out Select Board for a one year term ending June 30 2021.And there.So 1,1 asked the Board to not take any action on this at this further move to reappoint Police Chief Mark Corr Keeper of the time and re advertise and to take a little more of a directed Lockup for a one year term ending on June 30 2021.Is there a approach because this is not just a general committee.This is a second? technical position where we do know that there have been school committee members in Town,former superintendents,former Suzie Barry principals,that we knock on some doors and say,you know,who Second. would be a good candidate and let's get them aware of for us to able to decide amongst. Doug Lucente Moved and seconded.By a roll call vote Ms. Hai? Doug Lucente Thank you,Mr. Pato,comments on this item from the Board.We'll Jill Hai start with Mr.Sandeen.Mr.Sandeen. Do you have any thoughts Yes. or comments on this? - 31 - Mark Sandeen Jill Hai My thoughts and comments are always that diversity of options is Do we know there is a deadline by which we were supposed to always better than monopoly.I don't know what our timing is and respond for purposes of Minuteman's operations do they need whether we have enough time to do this. But I would certainly this seat to be represented and will their school committee appreciate four important positions if there are lots of people who proceed. are interested in applying that we actually do hear from them. Again,I don't want to say anything about the particular applicant.I Doug Lucente think,you know,we have fine applicants,but it's a good idea to Yes.And from what I understood,they do agenda,sort of the goal have multiple applicants. setting in July for the group.So this is time sensitive, ...If we don't act on this,there will be an empty seat for the Minuteman School Doug Lucente Committee Representative. Okay, Ms. Hai? Jill Hai Jill Hai Thank you.I'm just trying to understand.So if we don't make this So, I agree with the premise of what Mr. Pato was saying that this appointment,goal setting will be done without Lexington being is a technical position and we should, in fact be looking at the best representatived. possible person to and,you know,having the opportunity to look at a field of candidates.On the other hand,however,I am Joe Pato uncomfortable with the fact that we routinely fill positions with a Mr. Lucente,if I may,so I did speak to Mr. Horton,who is the single applicant. Usually that is simply a reappointment of current School Committee member.And his claim was that in the someone as we even did this evening,who has been serving in a absence of an appointment,the sitting member continues.It's just position and we espouse the need to find this diversity and like in the HDC,where until you replace them,they sit and he was increase our outreach.In this case,we actually did do a fair he expressed his willingness to continue representing Lexington amount of research,I'm sorry,a fair amount of outreach that this for a limited amount of time. was revised as any position I think we've we saw. So it feels particular as opposed to universal and that is I think,what is Doug Lucente making me uncomfortable?I know that the intention is to be Okay, Ms.Barry you haven't had a chance to speak yet. universal.I know the intention is not to be particular. But I'm left uncomfortable.And I will be persuaded,you know,I'm open to Suzie Barry being persuaded,but I'm uncomfortable. So I find this all very difficult that this is being brought up on an agenda item that was on our agenda last Monday night that I got Doug Lucente to take a leap and assume had to come up last Monday night it Thank you,Ms. Hai,Mr.Pato? would have passed.Most likely, I can't speak for Mr. Pato.And then Monday's agenda that moved to Wednesday,Mr.Pato,you Joe Pato typically go and speak with individuals who apply for these types If I could respond to that.I mean,there's certainly been of positions. Have you spoken with this applicant? committees that we have delayed action on.The historic district commission is a good example of one where we kept open source Joe Pato seats for nine months or longer because we didn't find an So we have not yet I received an email and I sent an email,and adequate set of nominees.The we've taken similar action.On I've been trying to find any subsequent conversation and other occasions,largely it has been where it's either a regulatory haven't. My understanding is the applicant reached out to the body and it's a significant appointment,or I think in this case entire Board over three weeks ago, I understand we were all busy where this is,you know, in a community this would have been an with Town Meeting and so on and so forth.But the fact of the elected position.This is a regional body so the the regional matter that we're having this conversation and we're talking about agreement calls for the Select Boards of each community to make this person by calling them the applicant,I think is horrific and that appointment,but it is no less significant than a Zoning Board unfortunate for them.There was a deadline,I feel it was properly appointment or a Historic Districts Commission appointment.And advertised. Duly noted two people, Mr. Lucente mentioned it in at think that,you know,we are while it may have felt like we've least one if not two of our meetings.I'm sorry if we didn't get a done a lot of outreach and I don't dismiss what has been done by larger candidate pool.But at this time,I'm comfortable moving putting it on the town website and and sending out mailings.We ahead. I really think we're setting an incredibly bad precedent,as already somewhat you Unique time right now,where everyone's we start,you know,questioning and pulling appointments at the attention is diverted by paying attention to the pandemic.We were very last moment if we don't think there was a large enough,or in the middle of getting ready for Town Meeting.At the same time. we didn't care for what the candidate pool was. I know I did not knock on any doors prior to town meeting and I had completely lost track that there was a deadline at the end of Doug Lucente the month.So I don't feel that this is a particular action as much Thank you,Ms. Berry.So my comments.I actually think most as reflective of both the position and our unique state of affairs. most importantly, I think this candidate that we have,is very qualified for this position.I think that's an important element here. Doug Lucente This was not a situation in my view,where it was someone Thank you. completely unqualified in which you know,so I think that's an important element.And we did do a great job advertising this - 32 - through multiple mediums.We had the deadline of May 29th.And of the Board on how they would like to proceed?Whether now or in my time on the Board,three years and a couple months,I not now,and anything else about liaisons. Ms. Hai? haven't witnessed us holding off for multiple candidates to choose from,although I think it is wonderful when we get multiple Jill Hai candidates.I haven't witnessed yet as a Board where we've done So I thought that the process we use last year work And I would that.And so that's just been my experience.And I do think,you be happy to sort of see that be used again as we move forward. I know,we want to start the person off on the right foot.Joining the think that since things often not always but often died down in the School Committee,I think it's we're doing a little bit of a disservice summer and so to kick back up for September perhaps it makes to start off with a new school year and the agenda setting and the sense for us to do this over the summer.Since I think we already to the goal setting and all that to have that person who's not going are heading into a pretty heavy agenda for June 29.1 would to be there for the next three years.So I'm comfortable moving suggest perhaps we we talked about this over the summer to forward myself with this appointment.So I think I've heard Does have it be effective in September. anyone have any further questions or comments they'd like to make Okay,any questions or comments from the audience on Doug Lucente this item?Please click on the raise hand button. Okay.I move to Okay,thank you Ms. Hai.Mr.Pato? appoint Judith Crocker as the Lexington representative to the Minuteman regional vocational technical school committee for a Joe Pato three year term to be effective July 120 20.through June 30 2023. So I see no rush,so I'm doing it sometime over the summer. Is there a second? Doug Lucente Suzie Barry Okay, Ms.Barry? Second? Suzie Barry Doug Lucente So yes,I agree.I think it should be done sometime over the Moved and seconded by a roll call vote Ms. Hai? summer.And looking at my list, I would say we probably need to dissolve the HDC Ad Hoc Chapter 447 Committee sent some Jill Hai what they were working on past at this town meeting.adjusted to Yes that.Okay.And a question for Mr.Malloy.And I don't know if any of the rest of you attended.But a couple of weeks ago, MMA had Doug Lucente an MSA webinar,and one of the KP attorneys was there,and she Mr. Pato? was talking about Open Meeting Law violations.And she mentioned something about having two Board members attend Joe Pato committee meetings.And we do have situations where we have No. two liaisons to a committee.So I'm thinking we probably need to move away from that.I don't know if I understood what you said Doug Lucente correctly. Mr. Malloy,if you've heard about that,or if we can get I'm a yes. Ms. Barry? that clarified by Mr. Makarios? Suzie Barry Jim Malloy Yes. Yeah.What I'll do is I'll have a talk to Mina about that. Doug Lucente Suzie Barry Mr.Sandeen? And then one other thing I wanted to throw out there is I know we kind of shook it up last year,but I really think the Board should Mark Sandeen think about maybe we don't hold on to anyone committee for Yes. more than two years. I think it's only right and fair that we all get a chance.Well for as long as we serve,to rotate through the Doug Lucente committee's there are some committees here that I have no Okay.So the motion passes four to one.Okay.Our 11 th item on experience with,I have almost no knowledge of what it is they're the agenda this evening is for the Board to Discuss Select Board dealing with.And I think that can only make us stronger as a Liaison Assignments. Colleagues,the purpose of this item on the committee to learn that information into help them as well. agenda tonight was to get a sense from the Board if we will do any reassignments now,or given the conditions we're living in Doug Lucente with COVID and the awkwardness with zoom meetings,etc,if we Thank you,Ms. Barry. Mr.Sandeen? wish to visit this later on when things get back to normal,or at an alternate date.If the Board does wish to proceed with Mark Sandeen reassignments of liaison appointments,we will go ahead and use So I have no rush to change things.From my perspective,I'm just the same methodology that we use last year,which I believe new into this.I'm just getting to know my committees really for the seemed to work out well where folks,individual Board members first bit and it was my thought,at least last time we did this that ranked,which committee preferences they had and where they the reason we did this whole elaborate process was because we thought they want to go.So there any thoughts from the members were changing chairs.And that meant that there needed to be a - 33 - whole bunch of committees changed.I was thinking that that in the past,this amount is consistent with All collective bargaining meant that we probably didn't need to do as much of that sort of agreements and the Board's overall guidance for settlements in reshuffling all the cards this time.But anyway,I'm not in any rush. fiscal year 20,and in fiscal year 21. 1 like groups.I be happy to connect with other committees as well. But I have no rush to leave any of the people that I'm liaison with Doug Lucente right now. Thank you Mr. Malloy.Questions or comments from the Board? Mr. Pato? Doug Lucente And I think this is definitely a difference,I think having one year in Joe Pato and having two years sitting with the committee.And I think Mr. None. Sandeen,we what we moved away from we tried to move away from the inheritance model,which was whoever seat you filled, Doug Lucente you inherited their committees.And that's just how it went.And I Okay.I have none.Mr.Sandeen or Ms. Hai?Seeing none,any you know,I saw that as not really making a lot of sense.So,I questions or comments from the audience on this item?Okay, liked last year,shaking it up.I also would agree,though,with Mr. seeing none,I move to approve a 2%cost of living adjustment for Sandeen that get given all that's going on.I'm not I'm inclined to non represented employees for fiscal year 2021 with an effective just stay with it, but I'm hearing from three members of the Board date of July 1,2020. Is there a second?Moved and seconded by that let's work on this over the summer.So that using the majority a roll call vote, Ms. Hai? rules,we will forge ahead with looking at this over the summer, Ms. Katzenback will will prepare something for the Board to Jill Hai review. Ms. Hai? Yes Jill Hai Doug Lucente I was just gonna say I am, I could actually be comfortable with Mr. Pato? Ms. Barry's suggestion,which was that perhaps,you know,we look only at committees where someone has been more than a Joe Pato couple of years.And because I think you're right,there's a lot Yes. going on we don't need to make everybody learn everything new. But I think that you know,allowing us to learn different areas of Doug Lucente what is happening in Town can only be beneficial both to our work I'm a yes, Mr.Sandeen? board but also to the committee's we serve so so so it's sort of a hybrid and maybe we can have some conversation about that. Mark Sandeen Yes. Doug Lucente Okay, Ms. Barry,did you have your hand up? Doug Lucente Great the motion passes,four to zero with Ms. Barry recused? Suzie Barry Okay Ms. Barry is back.Our 13th item on the agenda this evening No, but I heard something funny in my headphones that I did.I is for the Board to Discuss Town Manager Committee didn't mean to sorry. Reappointments.Mr.Malloy,will you make the presentation please? Doug Lucente All right.So I think that's good feedback.We'll we'll proceed Jim Malloy ahead.I just didn't want folks to think,why are we doing it?Are Thank you.We have several appointments that I'm requesting the we not doing it so that we'll,we'll work on pushing that model out Board approve the reappointments for,and there are four on the over the summer.Our 12th item on the agenda this evening is for Council on Aging.Elizabeth Borghesani has been a member the Board to Discuss and Approve Fiscal Year 2021 Cost of since 2004. Her determine would be effective immediately and Living Adjustment for Non-Represented Employees. Ms. Barry? would expire in May of 2023.Her ethics are up to date.Ellen Nadine Cameron has been a member since 2014.new term is Suzie Barry effective immediately and will also expire in May of 2023.In her Mr.Lucente as my husband is an employee of the Town, I'll be ethics are up to date.Camille Goodwin has been a member since recused on this item under Massachusetts General Law Chapter 2012,and her term similarly will expire in May of 2023.Her ethics 268.Section A are also up to date.Finally,Bonnie Teitleman-Levin has been a member since 2017. Her term would be effective immediately and Doug Lucente would expire in May 2023 and her ethics are up to date.And do Great,thank you Ms.Barry.Mr.Malloy,could you please make you want me to do the other one too? the presentation on this item? Doug Lucente Jim Malloy - Yes,please. Yes.So the I'm recommending and our HR director is recommending a 2%cost of living adjustment for non represented Jim Malloy employees for fiscal year 21.Similar to how we've calculated this - 34 - And on the Recreation Committee,Lisah Rhodes has been a $28,930.39 cents,water and sewer finals March 20$27,494.06, member since 2011. Her new term would be effective immediately water and sewer finals April 20$29,992.76,water and sewer and will expire in May of 2023.And her ethics are also up to do. finals May 20$25,108.53,and water and sewer adjustments per WSAB from 521 2024,negative$5,022.84.Questions or Doug Lucente comments from the Board on this item. Ms. Barry? Thank you any questions or comments from the Board on this item.I have none. Ms.Barry.Ms.Barry. Suzie Barry Sorry.I had a question I sent to the Town Manager about one of Suzie Barry the addresses that was listed in there. I don't know if he got I have none.Thank you. clarification. Doug Lucente Doug Lucente Mr.Sandeen?Ms. Hai?Mr.Pato? Mr. Malloy,did you get clarification on that? Joe Pato Jim Malloy None. Yes,the question was on 215 Lexington Street.It should read Lexington Avenue.Okay, Doug Lucente Questions or comments from the audience on this item?Seeing Suzie Barry none, I move to approve the town manager's reappointment of So Mr. Malloy,I'm not sure Lexington Avenue goes up into the Elizabeth Borghesani,Ellen Cameron,Camille Goodwin and 215s.I think it's a pretty short street. Bonnie Teitleman-Levin to the Council on Aging and Lisah Rhodes to the Recreation Committee.Is there a second? Jim Malloy Yeah,there's it has to do with.It's off Locust Street, David Jill Hai Pinsonneault said,and he said it's kind of a quirky address.It's Second? just an address that they use for that connection. Doug Lucente Doug Lucente Moved and seconded by roll call vote Ms. Hai? Ms.Barry,does that help? Jill Hai Suzie Barry Yes. Um,I guess,I don't know. Doug Lucente Doug Lucente Mr. Pato? Okay,any further questions from the Board?Okay,seeing none.I move to approve the attached water and sewer commitments and Joe Pato adjustments.Is there a second? Yes. Joe Pato ' Doug Lucente Second. I'm a yes, Miss Barry? Doug Lucente Suzie Barry Thank you Mr. Pato. Moved and seconded by roll call vote.Ms. Yes. Hai? Doug Lucente Jill Hai Mr.Sandeen? Yes. Mark Sandeen Doug Lucente Yes. Mr. Pato? Doug Lucente Joe Pato Great the motion passes five to zero.The Consent Agenda this Yes. evening has several water and sewer commitments and adjustments.I thought after the bond thing I wouldn't have to do Doug Lucente so much reading but...the water and sewer commitment section, I'm a yes, Ms.Barry? one$1,975,324.33,water and sewer committed section two $1,943,500.95,water commitment section three$3,839,184.96, Suzie Barry water and sewer finals November 2019$26,538.22,water and Yes. sewer finals December 2019$10,168.12,water A finals January 2020$50,707.46,water and sewer finals February 2020 Doug Lucente - 35 - Mr.Sandeen? Mark Sandeen Yes. Doug Lucente Great the motion passes five to zero. Before we adjourn, I'd like to announce that the next regularly scheduled meeting of Select Board is Monday June 29th at 7pm. But we will also be meeting on Tuesday,June 23rd at 3pm we believe. Mr. Malloy is that correct? Jim Malloy Yes. Doug Lucente Okay. details will be sent out over the next day or so.I move that we adjourn.Is there a second? Mark Sandeen Second. Doug Lucente Moved and seconded by a roll call vote. Ms. Hai? Jill Hai Yes. Doug Lucente Mr. Pato? Joe Pato Yes. Doug Lucente I'm a yes. Ms. Barry? Suzie Barry Yes. Doug Lucente ' Mr.Sandeen? Mark Sandeen Yes. Doug Lucente Excellent.We are now adjourned.Thank you,everyone. Have a nice evening.Good night. - 36-